Illinois Family Support
Enforcement Association
The following provides a summary of public acts related to child support enforcement resulting from bills introduced in the 2003 session of the 93rd Illinois General Assembly (and one bill passed by the legislature but vetoed by the Governor).
(Last up-dated: February 15, 2004; links updated 2/12/05)
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| Original Bill | Public Act No. | Signed / Eff. Date |
| H.B. 0016 | 93-0116 | 7/10/03 / 7/10/03 |
| H.B. 1382 | 93-0139 | 7/10/03 / 7/10/03 |
| H.B. 2863 | 93-0148 | 7/10/03 / 7/10/03 |
| S.B. 1503 | 93-0294 | 7/22/03 / 1/1/04 |
| H.B. 0525 | 93-0311 | 7/23/03 / 1/1/04 |
| S.B. 0363 | 93-0353 | 7/24/03 / 1/1/04 |
| H.B. 3504 | 93-0371 | 7/24/03 / 1/1/04 |
| S.B. 0922 | 93-0479 | 8/8/03 / ??? |
| H.B. 2895 | Vetoed 8/7/03 | |
S.B. 0363: [P.A. 93- 0353, eff. 1/1/04] MAINTENANCE; MODIFICATION
Amends the Illinois Marriage and Dissolution of Marriage Act. Sets forth factors to be considered in a proceeding to review, modify, or terminate maintenance after the entry of the judgment of dissolution of marriage, judgment of legal separation, or judgment of declaration of invalidity of marriage. Removes the showing of substantial change in circumstances requirement for a modification of maintenance.
Passed by the Senate, 4/3/03, 58-0-0.
Passed by the House, 5/13/03, 118-0-0.
Passed Both Houses. Sent to the Governor 6/11/03.
SIGNED BY THE GOVERNOR 7/24/03 as P.A. 93-0353, eff. 1/1/04.
[Return to Bill Grid above]S.B. 0922: [P.A. 93-0479, eff. as provided in bill] UIFSA
Introduced and passed by the Senate as a "shell bill" (a technical amendment to the Child support Punishment Act), was amended in the House to amend the Uniform Interstate Family Support Act to make numerous changes recommended by the National Conference of Commissioners on Uniform State Laws. The changes include those concerning the following: personal jurisdiction over an individual; jurisdiction to modify or enforce a child support order; duties of a child support enforcement agency; nondisclosure of information; issuance of a temporary child support order; registration of orders for enforcement; modification of a child support order of another state; and jurisdiction to modify a child support order of a foreign country or political subdivision. Provides that the amendatory Act becomes operative upon at least one of the following 2 events taking place, whichever occurs first, but in no event prior to July 1, 2004: (1) the amendment by Congress of subdivision (f) of 42 U.S.C. Sec. 666 to statutorily require or authorize, in connection with the approval of state plans for purposes of federal funding, the adoption of the Uniform Interstate Family Support Act as promulgated by the National Conference of Commissioners on Uniform State Laws in 2001; or (2) the approval, either generally or with specific application to Illinois, by the federal office of Child Support Enforcement or by the Secretary of Health and Human Services, of a waiver, exemption, finding, or other indicia of regulatory approval of the Uniform Interstate Family Support Act, as promulgated by the National Conference of Commissioners on Uniform State Laws in 2001, in connection with the approval of state plans for purposes of federal funding.
Passed by the Senate as introduced (i.e., without UIFSA amendment), 3/27/03, 32-16-2.
Passed by the House, as amended, 5/14/03, 117-0-0.
Senate concurs in House Amendment, 5/29/03, 58-0-0.
Passed Both Houses. Sent to the Governor 6/27/03.
SIGNED BY THE GOVERNOR 8/8/03, as P.A. 93-0479, eff. as provided in the bill.
[Return to Bill Grid above]S.B. 1503: [P.A. 93- 0294, eff. 1/1/04] INCOME WITHHOLDING; PENALTY
Amends the Income Withholding for Support Act. Provides that a payor who knowingly fails to pay on time the amount designated in an income withholding notice to the State Disbursement Unit (whether or not the payor withheld the amount) must pay a $100 per day penalty for each day the payment is late. (Present law imposes this penalty only for not paying the amount withheld to the State Disbursement Unit.).
Passed by the Senate, 3/20/03, 55-0-0.
Passed by the House, 5/22/03, 117-0-0.
Passed Both Houses. Sent to the Governor 6/20/03.
SIGNED BY THE GOVERNOR 7/22/03 as P.A. 93-0294, eff. 1/1/04.
[Return to Bill Grid above]H.B. 0016: [P.A. 93-0116, eff. 7/10/03] CHILD SUPPORT; DISCLOSURE OF LOCATION INFORMATION
As amended in the House, amends the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support Punishment Act, and the Illinois Parentage Act of 1984. Provides that upon request by the Department of Public Aid's Child and Spouse Support Unit or another public office responsible for enforcing a child support order, employers, labor unions, and telephone companies must provide location information concerning putative fathers and noncustodial parents for the purpose of establishing a child's paternity or establishing, enforcing, or modifying a child support obligation. (Under current law, the Child and Spouse Support Unit may request and receive such information.) Requires an employer, labor union, or telephone company to respond within 15 days, and provides for a civil penalty for a failure to do so. Provides that an employer, labor union, telephone company, utility company, or cable television company shall not be liable to any person for disclosure of location information under these requirements. Makes other changes. Effective immediately.
Passed by the House as amended, 2/27/03, 119-0-0.
Senate Amendment excludes willful and wanton misconduct from immunity from liability provisions.
Passed by the Senate, as amended, 5/15/03, 58-0-0.
House Concurs in Senate amendment, 5/27/03, 114-0-0.
Passed Both Houses. Sent to the Governor 6/25/03.
SIGNED BY THE GOVERNOR 7/10/03 as P.A. 93-0116, eff. 7/10/03.
[Return to Bill Grid above]H.B. 0525: [P.A. 93-0311, eff. 1/1/04] IDPA, UNEMPLOYMENT INSURANCE; DISCLOSURE OF RECIPIENT’S ADDRESS, EMPLOYER
Amends the Illinois Public Aid Code. Provides that the current address of a recipient who was a victim of a felony or a witness to a felony shall be made available upon request to a State's Attorney or a State's Attorney's investigator. Amends the Unemployment Insurance Act. Provides that the Department of Employment Security shall make available to a State's Attorney or a State's Attorney's investigator, upon request, the current address or, if the current address is unavailable, current employer information, if available, of a victim of a felony or a witness to a felony or a person against whom an arrest warrant is outstanding. Effective January 1, 2004.
Passed by the House without amendment, 3/6/03, 112-0-0.
Passed by the Senate without amendment, 5/7/03, 56-0-0.
Passed Both Houses. Sent to the Governor 6/5/03.
SIGNED BY THE GOVERNOR 7/23/03 as P.A. 93-0311, eff. 1/1/04.
[Return to Bill Grid above]H.B. 1382: [P.A. 93-0139, eff. 7/10/03] PARENTAGE ACT; REMOVAL
Amends the Illinois Parentage Act of 1984. Provides that in any action brought under the Act for the initial determination of custody or visitation of a child or for modification of a prior custody or visitation order, the court may enjoin a party having physical possession or custody of a child from removing the child from Illinois pending the adjudication of the issues of custody and visitation. Provides that injunctive relief shall be governed by the relevant provisions of the Code of Civil Procedure. Provides that, in entering a judgment concerning custody, joint custody, removal, or visitation (now, custody, joint custody, or visitation) and in modifying a judgment concerning custody, visitation, or removal (now, custody or visitation), the court shall apply the relevant standard of the Illinois Marriage and Dissolution of Marriage Act. Effective immediately.
Passed by the House without amendment, 3/13/03, 117-0-0.
Senate amendments added provisions that a court may decline to enjoin a domestic violence victim having physical possession or custody of a child from temporarily or permanently removing the child from Illinois pending the adjudication of issues of custody and visitation, provides a list of factors to be considered in determining whether a person is a domestic violence victim, and a list of factors to be considered when deciding whether to enjoin removal.
Passed by the Senate, as amended, 5/16/03, 58-0-0.
House Concurs in Senate amendments, 5/27/03, 115-0-0.
Passed Both Houses. Sent to the Governor 6/25/03.
SIGNED BY THE GOVERNOR 7/10/03, as P.A. 93-0139, eff. 7/10/03.
[Return to Bill Grid above]H.B. 2863: [P. A. 93-0148, eff. 7/10/03] CHILD SUPPORT; GUIDELINE INCREASE
Amends the Illinois Marriage and Dissolution of Marriage Act. Raises the minimum amount support percentage of the supporting party's net income to 28% for 2 children (from 25%). Effective immediately.
Passed by the House, 3/25/03, 106-7-1.
Passed by the Senate, 5/13/03, 56-0-0.
Passed Both Houses. Sent to the Governor 6/11/03.
SIGNED BY THE GOVERNOR 7/10/03, as P.A. 93-0148, eff. 7/10/03.
[Return to Bill Grid above]H.B. 2895: IDPA; LOCATION EFFORTS
Amends the Illinois Public Aid Code. Provides that if a custodial parent who is receiving child support enforcement services under the Code provides the Department of Public Aid with credible information concerning the location of the putative father or noncustodial parent of the child, the Department must attempt to locate the putative father or noncustodial parent within 60 days after receiving that information. Effective immediately.
Passed by the House, 3/21/03, 117-0-0.
Passed by the Senate, 5/13/03, 57-0-0.
Passed Both Houses. Sent to the Governor 6/11/03.
VETOED BY THE GOVERNOR 8/7/03; VETO STANDS - NO ACTION TAKEN IN VETO SESSION.
[Return to Bill Grid above]H.B. 3504: [P.A. 93-0371, eff. 1/1/04] CRIMINAL PROCEDURE, BAIL DEPOSIT
As amended, amends the Code of Criminal Procedure of 1963. Provides that the court shall not order a bail bond deposited by or on behalf of a defendant in one case to be used to satisfy financial obligations of that same defendant in a different case until the bail bond is first used to satisfy any unpaid child support obligations as well as attorney's fees and court costs in the case in which the bond has been deposited.
Passed by the House, 3/20/03, 116-0-0.
Passed by the Senate, 5/13/03, 56-0-0.
Passed Both Houses. Sent to the Governor 6/11/03.
SIGNED BY THE GOVERNOR 7/24/03 as P.A. 93-0371, eff. 1/1/04.
[Return to Bill Grid above]