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90_SB1700sam002
LRB9009117DJcdam03
1 AMENDMENT TO SENATE BILL 1700
2 AMENDMENT NO. . Amend Senate Bill 1700 as follows:
3 on page 1, line 8, by inserting "10-4," after "Sections"; and
4 on line 9, by inserting "10-17.1," after "10-16.2,"; and
5 after line 11, by inserting the following:
6 "(305 ILCS 5/10-4) (from Ch. 23, par. 10-4)
7 Sec. 10-4. Notification of Support Obligation. The
8 administrative enforcement unit within the authorized area of
9 its operation shall notify each responsible relative of an
10 applicant or recipient, or responsible relatives of other
11 persons given access to the support services of this Article,
12 of his legal obligation to support and shall request such
13 information concerning his financial status as may be
14 necessary to determine whether he is financially able to
15 provide such support, in whole or in part. In cases involving
16 a child born out of wedlock, the notification shall include a
17 statement that the responsible relative has been named as the
18 biological father of the child identified in the
19 notification.
20 In the case of applicants, the notification shall be sent
21 as soon as practical after the filing of the application. In
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1 the case of recipients, the notice shall be sent at such time
2 as may be established by rule of the Illinois Department.
3 The notice shall be accompanied by the forms or
4 questionnaires provided in Section 10-5. It shall inform the
5 relative that he may be liable for reimbursement of any
6 support furnished from public aid funds prior to
7 determination of the relative's financial circumstances, as
8 well as for future support. In the alternative, when support
9 is sought on behalf of applicants for or recipients of
10 financial aid under Article IV of this Code and other persons
11 who are given access to the child and spouse support services
12 of this Article as provided in Section 10-1, the notice shall
13 inform the relative that the relative may be required to pay
14 support for a period before the date an administrative
15 support order is entered, as well as future support.
16 Neither the mailing nor receipt of such notice shall be
17 deemed a jurisdictional requirement for the subsequent
18 exercise of the investigative procedures undertaken by an
19 administrative enforcement unit or the entry of any order or
20 determination of paternity or support or reimbursement by the
21 administrative enforcement unit; except that notice shall be
22 served by certified mail addressed to the responsible
23 relative at his or her last known address, return receipt
24 requested, or by a private person over 18 years of age and
25 not a party to the administrative proceeding, or by any
26 method provided by law for service of summons, in cases where
27 a determination of paternity or support by default is sought
28 on behalf of applicants for or recipients of financial aid
29 under Article IV of this Act and other persons who are given
30 access to the child and spouse support services of this
31 Article as provided in Section 10-1. If the notice is served
32 or sought to be served by a private person, the return shall
33 be by affidavit.
34 (Source: P.A. 88-687, eff. 1-24-95.)"; and
-3- LRB9009117DJcdam03
1 on page 19, line 13 and on page 20, line 25, after the period
2 each time it appears, by inserting the following:
3 "In cases in which the responsible relative appeared at the
4 office of the Child and Spouse Support Unit in response to
5 the notice of support obligation issued under Section 10-4,
6 however, or in cases of default in which the notice was
7 served on the responsible relative by certified mail, return
8 receipt requested, or by a private person as authorized under
9 Section 10-4, or by any method provided by law for service of
10 summons, the administrative determination of paternity or
11 administrative support order may be sent to the responsible
12 relative by ordinary mail addressed to the responsible
13 relative's last known address."; and
14 on page 31, by replacing lines 22 and 23 with the following:
15 "the printed name and telephone number of the authorized
16 representative of the public office, except that the
17 failure to contain the signature of the obligee or the
18 printed name and telephone number of the authorized
19 representative of the public office shall not"; and
20 on page 40, lines 2 and 3, by changing "pursuant to this
21 Section" to "pursuant to this Section"; and
22 on page 43, after line 1, by inserting the following:
23 "(305 ILCS 5/10-17.1) (from Ch. 23, par. 10-17.1)
24 Sec. 10-17.1. Administrative Order by Registration. The
25 Illinois Department may provide by rule for the
26 administrative registration of a support order entered by a
27 court or administrative body of another this or any other
28 state. The purpose of registration shall be to enforce or
29 modify the order in accordance with the provisions of the
30 Uniform Interstate Family Support Act. Registration shall be
31 for the sole purpose of enforcing the registered order and
-4- LRB9009117DJcdam03
1 shall not confer jurisdiction on the Illinois Department for
2 any other purpose, including modification. Upon
3 registration, such support order shall become an
4 administrative order of the Child and Spouse Support Unit by
5 operation of law. The rule shall provide for notice to and
6 an opportunity to be heard by the responsible relative and
7 custodial parent affected, and any final administrative
8 decision rendered by the Department shall be reviewed only
9 under and in accordance with the Administrative Review Law.
10 Any new or existing support order registered by the
11 Illinois Department under this Section shall be deemed to be
12 a series of judgments against the person obligated to pay
13 support thereunder, each such judgment to be in the amount of
14 each payment or installment of support and each such judgment
15 to be deemed entered as of the date the corresponding payment
16 or installment becomes due under the terms of the support
17 order. Each such judgment shall be enforceable in the same
18 manner as any other judgment in this State. A lien arises by
19 operation of law against the real and personal property of
20 the noncustodial parent for each installment of overdue
21 support owed by the noncustodial parent.
22 A one-time charge of 20% is imposable upon the amount of
23 past-due child support owed on July 1, 1988, which has
24 accrued under a support order registered by the Illinois
25 Department under this Section. The charge shall be imposed
26 in accordance with the provisions of Section 10-21 and shall
27 be enforced by the court in a suit filed under Section 10-15.
28 (Source: P.A. 90-18, eff. 7-1-97.)"; and
29 on page 51, line 31, by inserting the following after the
30 period:
31 "The oral explanation may be given in person or through the
32 use of video or audio equipment."; and
33 on page 66, by replacing lines 16 and 17 with the following:
-5- LRB9009117DJcdam03
1 "the printed name and telephone number of the authorized
2 representative of the public office, except that the
3 failure to contain the signature of the obligee or the
4 printed name and telephone number of the authorized
5 representative of the public office shall not"; and
6 on page 74, lines 30 and 31, by changing "pursuant to this
7 Section" to "pursuant to this Section"; and
8 on page 87, by replacing lines 26 and 27 with the following:
9 "the printed name and telephone number of the authorized
10 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"; and
14 on page 96, lines 8 and 9, by changing "pursuant to this
15 Section" to "pursuant to this Section"; and
16 on page 106, by replacing lines 8 and 9 with the following:
17 "the printed name and telephone number of the authorized
18 representative of the public office, except that the
19 failure to contain the signature of the obligee or the
20 printed name and telephone number of the authorized
21 representative of the public office shall not"; and
22 on page 114, lines 22 and 23, by changing "pursuant to this
23 Section" to "pursuant to this Section".