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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0733
Introduced 2/7/2007, by Rep. Cynthia Soto SYNOPSIS AS INTRODUCED:
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205 ILCS 5/48.4 |
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305 ILCS 5/10-25.5 |
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Amends the Illinois Banking Act. Makes technical changes in a Section concerning the enforcement of child support. Amends the Illinois Public Aid Code. Makes a technical change in a Section concerning administrative liens and levies on personal property for past-due child support.
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A BILL FOR
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HB0733 |
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LRB095 04045 MJR 24083 b |
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| AN ACT concerning regulation.
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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 Illinois Banking Act is amended by changing |
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| Section 48.4 as follows:
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| (205 ILCS 5/48.4)
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| Sec. 48.4. Enforcement of child support. |
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| (a) Any bank
governed by this Act shall encumber or |
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| surrender accounts or assets held by the
the
bank on behalf of |
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| any responsible relative who is subject to a child support
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| lien, upon notice of the lien or levy of the Department of |
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| Healthcare and Family Services (formerly Illinois Department |
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| of Public Aid)
or its successor agency pursuant to Section |
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| 10-25.5 of the Illinois Public Aid
Code, or upon notice of |
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| interstate lien or levy from any other state's
agency
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| responsible for implementing the child support enforcement |
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| program set forth in
Title IV, Part D of the Social Security |
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| Act.
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| (b) Within 90 days after receiving notice from the |
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| Department of Healthcare and Family Services (formerly
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| Department of Public Aid) that the Department has adopted a |
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| child support enforcement debit authorization form as required |
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| under the Illinois Public Aid Code, each bank governed by this |
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HB0733 |
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LRB095 04045 MJR 24083 b |
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| Act shall take all appropriate steps to implement the use of |
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| the form in relation to accounts held by the bank. Upon |
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| receiving from the Department of Healthcare and Family Services |
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| (formerly Department of Public Aid) a copy of a child support |
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| enforcement debit authorization form signed by an obligor, a |
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| bank holding an account on behalf of the obligor shall debit |
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| the account and transfer the debited amounts to the State |
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| Disbursement Unit according to the instructions in the child |
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| support enforcement debit authorization form.
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| (Source: P.A. 92-811, eff. 8-21-02; 93-736, eff. 7-14-04; |
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| revised 12-15-05.)
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| Section 10. The Illinois Public Aid Code is amended by |
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| changing Section 10-25.5 as follows:
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| (305 ILCS 5/10-25.5)
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| Sec. 10-25.5. Administrative liens and levies on personal |
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| property for
past-due child support.
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| (a) The State shall have a
a lien on all legal and |
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| equitable interests of
responsible relatives in their personal |
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| property, including any account in a
financial institution as |
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| defined
in Section 10-24, or in the case of an insurance |
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| company or benefit association
only in accounts as defined in |
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| Section 10-24, in the amount of past-due child
support owing |
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| pursuant to an order
for child support entered under Sections |
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| 10-10 and 10-11 of this Code, or under
the Illinois Marriage |
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HB0733 |
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LRB095 04045 MJR 24083 b |
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| and Dissolution of Marriage Act, the Non-Support of
Spouse and |
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| Children Act, the Non-Support Punishment Act, the Uniform
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| Interstate Family Support Act, or the
Illinois Parentage Act of |
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| 1984.
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| (b) The Illinois Department shall provide by rule for |
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| notice to and an
opportunity to be heard by each responsible |
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| relative affected, and any final
administrative decision |
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| rendered by the Illinois Department shall be reviewed
only |
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| under
and in accordance with the Administrative Review Law.
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| (c) When enforcing a lien under subsection (a) of this |
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| Section, the
Illinois Department shall have the authority to |
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| execute notices of
administrative liens and levies, which shall |
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| contain the name and address of
the responsible relative, a |
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| description of the property
to be levied, the fact that a lien
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| is being claimed for past-due child support, and such other |
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| information as the
Illinois Department may by rule prescribe. |
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| The Illinois Department may
serve the notice of lien or levy |
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| upon any financial institution where
the accounts as defined in |
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| Section 10-24 of the responsible relative may be
held, for |
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| encumbrance or surrender of the accounts as defined in Section |
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| 10-24
by the financial institution.
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| (d) The Illinois Department shall enforce its lien against |
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| the responsible
relative's personal property, other than |
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| accounts as defined in Section 10-24
in financial institutions,
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| and
levy upon such personal property in the manner provided for |
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| enforcement of
judgments contained in Article XII of the Code |
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HB0733 |
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LRB095 04045 MJR 24083 b |
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| of Civil Procedure.
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| (e) The Illinois Department shall not be required to |
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| furnish bond or make a
deposit for or pay any costs or fees of |
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| any court or officer thereof in any
legal proceeding involving |
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| the lien.
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| (f) To protect the lien of the State for past-due child |
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| support, the
Illinois Department may, from funds that are |
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| available for that purpose, pay
or provide for the payment of |
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| necessary or essential repairs, purchase tax
certificates, or |
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| pay or cause to be
satisfied any prior liens on the property to |
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| which the lien hereunder applies.
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| (g) A lien on personal property under this Section shall be |
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| released
in the manner provided under Article XII
of the Code |
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| of Civil Procedure.
Notwithstanding the foregoing, a lien under |
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| this Section on accounts as defined
in Section 10-24 shall |
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| expire upon the passage of 120 days from the date of
issuance |
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| of the Notice of Lien or Levy by the Illinois Department. |
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| However,
the lien
shall remain in effect during the pendency of |
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| any appeal or protest.
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| (h) A lien created under this Section is subordinate to any |
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| prior lien of
the financial institution or any prior lien |
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| holder or any prior right of
set-off that the financial |
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| institution may have against the assets, or in the
case of an |
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| insurance company or benefit association only in the accounts |
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| as
defined in Section 10-24.
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| (i) A financial institution has no obligation under this |
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HB0733 |
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LRB095 04045 MJR 24083 b |
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| Section to hold,
encumber, or surrender the assets, or in the |
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| case of an insurance company or
benefit association only the |
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| accounts as defined in Section 10-24, until the
financial
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| institution has been properly served with a subpoena, summons, |
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| warrant,
court or administrative order, or administrative lien |
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| and levy requiring that
action.
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| (Source: P.A. 90-18, eff. 7-1-97; 91-613, eff. 10-1-99.)
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