Full Text of SB0931 96th General Assembly
SB0931sam001 96TH GENERAL ASSEMBLY
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Sen. A. J. Wilhelmi
Filed: 10/14/2009
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| AMENDMENT TO SENATE BILL 931
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| AMENDMENT NO. ______. Amend Senate Bill 931 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Income Withholding for Support Act is | 5 |
| amended by changing Sections 20 and 22 as follows:
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| (750 ILCS 28/20)
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| Sec. 20. Entry of order for support containing income | 8 |
| withholding
provisions; income withholding notice. | 9 |
| (a) In addition to any content required under other laws, | 10 |
| every order for
support entered on or after July 1, 1997, | 11 |
| shall:
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| (1) Require an income withholding notice to be prepared | 13 |
| and served
immediately upon any payor of the obligor by the | 14 |
| obligee or public office,
unless a written agreement is | 15 |
| reached between and signed by both parties
providing for an | 16 |
| alternative arrangement, approved and entered into the |
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| record
by the court, which ensures payment of support. In | 2 |
| that case, the order for
support shall provide that an | 3 |
| income withholding notice is to be prepared and
served only | 4 |
| if the obligor becomes delinquent in paying the order for | 5 |
| support;
and
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| (2) Contain a dollar amount to be paid until payment in | 7 |
| full of any
delinquency that accrues after entry of the | 8 |
| order for support. The amount for
payment of delinquency | 9 |
| shall not be less than 20% of the total of the current
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| support amount and the amount to be paid periodically for | 11 |
| payment of any
arrearage stated in the order for support; | 12 |
| and
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| (3) Include the obligor's Social Security Number, | 14 |
| which the obligor shall
disclose to the court. If the | 15 |
| obligor is not a United States citizen, the
obligor shall | 16 |
| disclose to the court, and the court shall include in the | 17 |
| order
for support, the obligor's alien registration | 18 |
| number, passport number, and home
country's social | 19 |
| security or national health number, if
applicable.
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| (b) At the time the order for support is entered, the Clerk | 21 |
| of the Circuit
Court shall provide a copy of the order to the | 22 |
| obligor and shall make copies
available to the obligee and | 23 |
| public office.
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| (c) The income withholding notice shall:
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| (1) be in the standard format prescribed by the federal | 26 |
| Department of
Health and Human Services; and
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| (1.1) state the date of entry of the order for support | 2 |
| upon which the
income withholding notice is based; and
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| (2) direct any payor to withhold the dollar amount | 4 |
| required for current
support under the order for support; | 5 |
| and
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| (3) direct any payor to withhold the dollar amount | 7 |
| required to be paid
periodically under the order for | 8 |
| support for payment of the amount of any
arrearage stated | 9 |
| in the order for support; and
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| (4) direct any payor or labor union or trade union to | 11 |
| enroll a child as a
beneficiary of a health insurance plan | 12 |
| and withhold or cause to be withheld, if
applicable, any | 13 |
| required premiums; and
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| (5) state the amount of the payor income withholding | 15 |
| fee specified under
this Section; and
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| (6) state that the amount actually withheld from the | 17 |
| obligor's income for
support and other purposes, including | 18 |
| the payor withholding fee specified under
this Section, may | 19 |
| not be in excess of the maximum amount permitted under the
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| federal Consumer Credit Protection Act; and
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| (7) state the duties of the payor and the fines and | 22 |
| penalties for failure
to withhold and pay over income and | 23 |
| for discharging, disciplining, refusing to
hire, or | 24 |
| otherwise penalizing the obligor because of the duty to | 25 |
| withhold and
pay over income under this Section; and
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| (8) state the rights, remedies, and duties of the |
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| obligor under this
Section; and
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| (9) include the Social Security number of the obligor; | 3 |
| and
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| (10) include the date that withholding for current | 5 |
| support terminates,
which shall be the date of termination | 6 |
| of the current support obligation set
forth in the order | 7 |
| for support; and
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| (11) contain the signature of the obligee or
the | 9 |
| printed name and telephone number of the authorized
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| representative of the public office, except that the | 11 |
| failure to contain the
signature of the obligee or the | 12 |
| printed name and telephone number of
the authorized | 13 |
| representative of the public office shall not
affect the | 14 |
| validity of the income withholding
notice; and
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| (12) direct any payor to pay over amounts withheld for | 16 |
| payment of support
to the State Disbursement Unit.
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| (d) The accrual of a delinquency as a condition for service | 18 |
| of an income
withholding notice, under the exception to | 19 |
| immediate withholding in subsection
(a) of this Section, shall | 20 |
| apply only to the initial service of an income
withholding | 21 |
| notice on a payor of the obligor.
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| (e) Notwithstanding the exception to immediate withholding | 23 |
| contained in
subsection (a) of this Section, if the court finds | 24 |
| at the time of any hearing
that an arrearage has accrued, the | 25 |
| court shall order immediate service of an
income withholding | 26 |
| notice upon the payor.
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| (f) If the order for support, under the exception to | 2 |
| immediate withholding
contained in subsection (a) of this | 3 |
| Section, provides that an income
withholding notice is to be | 4 |
| prepared and served only if the obligor becomes
delinquent in | 5 |
| paying the order for support, the obligor may execute a written
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| waiver of that condition and request immediate service on the | 7 |
| payor.
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| (g) The obligee or public office may serve the income | 9 |
| withholding notice on
the payor or its superintendent, manager, | 10 |
| or other agent by ordinary mail or
certified mail return | 11 |
| receipt requested, by facsimile transmission or other
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| electronic means, by personal delivery, or by any method | 13 |
| provided by law for
service of a summons. At the time of | 14 |
| service on the payor and as notice that
withholding has | 15 |
| commenced, the obligee or public office shall serve a copy of
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| the income withholding notice on the obligor by ordinary mail | 17 |
| addressed to his
or her last known address. A copy of an income | 18 |
| withholding notice and proof of service shall be filed with the | 19 |
| Clerk of the Circuit Court only when necessary in connection | 20 |
| with a petition to contest, modify, suspend, terminate, or | 21 |
| correct an income withholding notice, an action to enforce | 22 |
| income withholding against a payor, or the resolution of other | 23 |
| disputes involving an income withholding notice. The changes | 24 |
| made to this subsection by this amendatory Act of the 96th | 25 |
| General Assembly apply on and after September 1, 2009. A copy | 26 |
| of the income withholding notice together
with proofs of |
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| service on the payor and the obligor shall be filed with the
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| Clerk of the Circuit Court.
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| (h) At any time after the initial service of an income | 4 |
| withholding notice,
any other payor of the obligor may be | 5 |
| served with the same income
withholding notice without further | 6 |
| notice to the obligor.
A copy of the income withholding notice | 7 |
| together with a proof of service on
the other payor shall be | 8 |
| filed with the Clerk of the Circuit Court.
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| (i) New service of an income withholding notice is not | 10 |
| required in order to
resume withholding of income in the case | 11 |
| of an obligor with respect to whom an
income withholding notice | 12 |
| was previously served on the payor if withholding of
income was | 13 |
| terminated because of an interruption in the obligor's | 14 |
| employment of
less than 180 days.
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| (Source: P.A. 94-43, eff. 1-1-06.)
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| (750 ILCS 28/22)
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| Sec. 22. Use of National Medical Support Notice to enforce | 18 |
| health
insurance coverage.
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| (a) Notwithstanding the provisions of subdivision (c)(4) | 20 |
| of Section 20, when
an order for support is being enforced by | 21 |
| the Title IV-D Agency under this Act,
any requirement for | 22 |
| health insurance coverage to be provided through an
employer, | 23 |
| including withholding of premiums from the income of the | 24 |
| obligor,
shall be enforced through use of a National Medical | 25 |
| Support Notice instead
of through provisions in an income |
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| withholding notice.
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| (b) A National Medical Support Notice may be served on the | 3 |
| employer in the
manner and under the circumstances provided for | 4 |
| serving an income withholding
notice under this Act, except | 5 |
| that an order for support that conditions service
of an income | 6 |
| withholding notice on the obligor becoming delinquent in paying
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| the order for support, as provided under subdivision (a)(1) of | 8 |
| Section 20,
shall not prevent immediate service of a National | 9 |
| Medical Support Notice by the
Title IV-D Agency. The Title IV-D | 10 |
| Agency may serve a National Medical Support
Notice on an | 11 |
| employer in conjunction with service of an income withholding
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| notice. Service of an income withholding notice is not a | 13 |
| condition for service
of a National Medical Support Notice, | 14 |
| however.
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| (c) At the time of service of a National Medical Support | 16 |
| Notice on the
employer, the Title IV-D Agency shall
serve
a | 17 |
| copy of the Notice on the obligor by ordinary mail
addressed to | 18 |
| the obligor's last known address. A copy of a National Medical | 19 |
| Support Notice and proof of service shall be filed with the | 20 |
| Clerk of the Circuit Court only when necessary in connection | 21 |
| with a petition to contest, modify, suspend, terminate, or | 22 |
| correct a National Medical Support Notice, an action to enforce | 23 |
| compliance with a National Medical Support Notice, or the | 24 |
| resolution of other disputes involving a National Medical | 25 |
| Support Notice. The changes made to this subsection by this | 26 |
| amendatory Act of the 96th General Assembly apply on and after |
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| September 1, 2009. The Title IV-D Agency shall file
a copy of | 2 |
| the National Medical Support Notice, together with proofs of | 3 |
| service
on the employer and the obligor, with the clerk of the | 4 |
| circuit court.
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| (d) Within 20 business days after the date of a National | 6 |
| Medical Support
Notice, an employer served with the Notice | 7 |
| shall
transfer
the severable notice to plan administrator to | 8 |
| the appropriate group health plan
providing any health | 9 |
| insurance coverage for which the child is eligible.
As
required | 10 |
| in the part of the National Medical Support Notice directed to | 11 |
| the
employer, the employer shall withhold any employee premium | 12 |
| necessary for
coverage of the child and shall send any amount
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| withheld directly to the plan. The employer shall commence the | 14 |
| withholding no
later than the next payment of income that | 15 |
| occurs 14 days following the date
the National Medical Support | 16 |
| Notice was mailed, sent by facsimile or other
electronic means, | 17 |
| or placed for personal delivery to or service on the
employer.
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| Notwithstanding the requirement to withhold premiums from | 19 |
| the
obligor's income, if the plan administrator informs the | 20 |
| employer that the child
is enrolled in an option under the plan | 21 |
| for which the employer has determined
that the obligor's | 22 |
| premium exceeds the amount that may be withheld from the
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| obligor's income due to the withholding limitation or | 24 |
| prioritization contained
in Section 35 of this Act, the | 25 |
| employer shall complete the appropriate item in
the part of
the | 26 |
| National
Medical Support Notice directed to the employer |
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| according to the instructions
in the Notice and shall return | 2 |
| that part to the Title IV-D Agency.
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| (e) If one of the following circumstances exists, an | 4 |
| employer served with a
National Medical Support Notice shall | 5 |
| complete the part of the
Notice directed to the employer in | 6 |
| accordance with the instructions in
the Notice and shall return | 7 |
| that part to the Title IV-D Agency within 20
business days | 8 |
| after the date of the Notice:
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| (1) The employer does not maintain or contribute to | 10 |
| plans providing
dependent or family health insurance | 11 |
| coverage.
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| (2) The obligor is among a class of employees that is | 13 |
| not eligible for
family health insurance coverage under any | 14 |
| group health plan maintained by the
employer or to which | 15 |
| the employer contributes.
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| (3) Health insurance coverage is not available because | 17 |
| the obligor is no
longer employed by the employer.
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| (f) The administrator of a health insurance plan to whom an | 19 |
| employer has
transferred the severable notice to plan | 20 |
| administrator part of a National
Medical Support Notice shall | 21 |
| complete that part with the health insurance
coverage | 22 |
| information required under the instructions in the Notice and | 23 |
| shall
return that part to the Title IV-D Agency within 40 | 24 |
| business days after the
date of the Notice.
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| (g) The obligor may contest withholding under this Section | 26 |
| based only on a
mistake of fact and may contest withholding by |
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| filing a petition with the clerk
of the circuit court within
20 | 2 |
| days after
service of a copy of the National Medical Support | 3 |
| Notice on the obligor. The
obligor must serve a copy of the | 4 |
| petition on the Title IV-D Agency at the
address stated in the | 5 |
| National Medical Support Notice. The National Medical
Support | 6 |
| Notice, including the requirement to withhold any required | 7 |
| premium,
shall continue to be binding on the employer until the | 8 |
| employer is served
with a court order resolving the contest or | 9 |
| until notified by the Title
IV-D Agency.
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| (h) Whenever the obligor is no longer receiving income from | 11 |
| the employer,
the
employer shall return a copy of the National | 12 |
| Medical Support Notice to the
Title IV-D Agency and shall | 13 |
| provide information for the purpose of enforcing
health | 14 |
| insurance coverage under this Section.
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| (i) The Title IV-D Agency shall promptly notify the | 16 |
| employer when there is
no
longer a current order for health | 17 |
| insurance coverage in effect which the Title
IV-D Agency is | 18 |
| responsible for enforcing.
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| (j) Unless stated otherwise in this Section, all of the | 20 |
| provisions of this
Act relating to income withholding for | 21 |
| support shall pertain to income
withholding for health | 22 |
| insurance coverage under a National Medical Support
Notice, | 23 |
| including but not limited to the duties of the employer and | 24 |
| obligor,
and the penalties contained in Section 35 and Section | 25 |
| 50. In addition, an
employer who willfully fails to transfer | 26 |
| the severable notice to plan
administrator part of a National |
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| Medical Support Notice to the appropriate
group
health plan | 2 |
| providing health insurance coverage for which the child is
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| eligible, within 20 business days after the date of the
Notice, | 4 |
| is liable for the full amount of medical expenses incurred by
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| or on behalf of the child which would have been paid or | 6 |
| reimbursed by the
health insurance coverage had the severable | 7 |
| notice to plan administrator part
of the Notice been timely | 8 |
| transferred to the group
health insurance plan. This penalty | 9 |
| may be collected in a civil action that may
be brought against | 10 |
| the employer in favor of the obligee or the Title IV-D
Agency.
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| (k) To the extent that any other State or local law may be | 12 |
| construed to
limit
or prevent compliance by an employer or | 13 |
| health insurance plan administrator
with the requirements of | 14 |
| this Section and federal law and regulations
pertaining to the | 15 |
| National Medical Support Notice, that State or local law
shall | 16 |
| not apply.
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| (l) As the Title IV-D Agency, the Department of Healthcare | 18 |
| and Family Services shall adopt any
rules necessary for use of | 19 |
| and compliance with the National Medical Support
Notice.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.".
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