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Illinois Family Support
Enforcement Association

2004 Legislation

        The following provides a summary of public acts related to child support enforcement resulting from bills introduced in the 2004 session of the 93rd Illinois General Assembly (and one bill passed by the legislature but vetoed by the Governor).

(Last up-dated: February 12, 2005)
(bills introduced thru H.B. 7275, S.B. 3371)

S.B. 2690: [P.A. 93-1061, eff. 1/1/05]  CHILD SUPPORT, UNPAID ARREARAGES
        Amends the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support Punishment Act, the Income Withholding for Support Act, and the Illinois Parentage Act of 1984. Provides that if there is an unpaid arrearage or delinquency equal to at least one month's support obligation on the termination date stated in the order for support or, if there is no termination date stated in the order, on the date the child attains the age of majority or is otherwise emancipated, then the periodic amount required to be paid for current support of that child immediately prior to that date shall automatically continue to be an obligation, not as current support but as periodic payment toward satisfaction of the unpaid arrearage or delinquency. Provides that the periodic payment shall be in addition to any periodic payment previously required for satisfaction of the arrearage or delinquency. Provides that each order for support entered or modified on or after the effective date of this amendatory Act must contain a statement notifying the parties of these requirements. Makes other changes. As changed by Governor's amendatory veto, effective January 1, 2005.
.       Passed by the Senate, without amendment, 3/25/04, 56-0-0.
        Passed by the House, without amendment, 5/11/04, 115-0-0.
        PASSED BOTH HOUSES.  Sent to the Governor, 6/9/04.
        Amendatory veto by Governor, 8/6/04, to change effective date to 1/1/05.
        Senate accepts amendatory veto, 11/10/04, 58-0-0.
        House accepts amendatory veto, 11/16/04, 117-0-0.
        CHANGES CERTIFIED BY GOVERNOR, 12/23/04, P.A. 93-1061, eff. 1/1/05.
        [Return to Bill Grid above]

H.B. 4076:  [P.A. 93-835, eff. 7/29/04]:  CONFIDENTIALITY, TAX INFORMATION
        As amended, amends the Illinois Income Tax Act.  Provides that certain confidentiality provisions of the Illinois Income Tax Act do not apply to information furnished to the Department of Public Aid, State's Attorneys, and the Attorney General for child support enforcement purposes.  Provides that, if it is necessary to file information obtained pursuant to the Illinois Income Tax Act in a child support proceeding, the information shall be filed under seal.  Effective immediately.
        Passed by the House, as amended, 3/25/04, 114-0-0.
        Passed by the Senate, without amendment, 5/5/04, 57-0-0.
        PASSED BOTH HOUSES.  Sent to the Governor, 6/3/04.
        SIGNED BY THE GOVERNOR, 7/29/04, P.A. 93-0835, eff. 7/29/04.
        [Return to Bill Grid above]

H.B. 4106:  [P.A. 93-0836, eff. 1/1/05]: CLERK'S FEES, TAX INTERCEPT
         As amended, amends the Department of Revenue Law of the Civil Administrative Code of Illinois. Provides for the collection of past due circuit court fees. Amends the Illinois Income Tax Act. Provides for the honoring of a withholding request to collect certified past due fees owed to the Clerk of the Circuit Court. Amends the Clerks of Courts Act. Provides that the Clerk of the Circuit Court may enter into an agreement with the Illinois Department of Revenue to establish a pilot program for the purpose of collecting certain fees. The purpose shall be to intercept, in whole or in part, State income tax refunds, due the persons who owe past due fees to the Clerk of the Circuit Court in order to satisfy unpaid fees owed the circuit court clerks. Allows the Clerk of the Circuit Court to enter into contracts with third parties guaranteeing the payment of fees by offenders. Authorizes the clerk to negotiate the payment and assessment of convenience and administrative fees by the third parties. Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that the court shall direct the clerk of the court to make information concerning an obligor, who fails to pay the child support annual fee for a period of 3 years, available to consumer reporting agencies.
        Passed by the House, as amended, 2/20/04, 113-0-0.
        Passed by the Senate, without amendment, 5/5/04, 57-0-0.
        PASSED BOTH HOUSES.  Sent to the Governor, 6/3/04.
        SIGNED BY THE GOVERNOR, 7/29/04, P.A. 93-0836, eff. 1/1/05.
        [Return to Bill Grid above]

H.B. 4310:  [P.A. 93-0736, eff. 7/14/04]: IDPA, CHILD SUPPORT BANK DEBIT
        As amended, amends the Illinois Banking Act, the Illinois Savings and Loan Act of 1985, the Savings Bank Act, the Illinois Credit Union Act, the Foreign Banking Office Act, the Illinois Public Aid Code. Directs the Department of Public Aid to adopt a child support enforcement debit authorization form and notify banks and other financial institutions that it has done so. Provides that banks and other financial institutions must implement use of the child support enforcement debit authorization form within 90 days after the Department of Public Aid gives notice that it has adopted the form. Provides that if an obligor does not have an employer and has been ordered to make periodic payments of child support to the State Disbursement Unit, the obligor may (changed from "must") authorize a bank or other financial institution at which the obligor maintains an account to debit his or her account periodically in an amount equal to the amount of child support required to be paid, using the form adopted by the Department of Public Aid.  Amendment changes and adds definitions of terms used in connection with child support enforcement debit authorization; provides that the signing and issuance of a child support enforcement debit authorization form does not relieve an obligor from responsibility for compliance with any other requirement under an order for support; and  sets forth circumstances under which a financial institution is obligated to debit the account of an obligor pursuant to a child support enforcement debit authorization form. Effective immediately.
        Passed by the House, as amended, 3/25/04, 111-0-0.
        Passed by the Senate, without amendment, 5/5/04, 58-0-0.
        PASSED BOTH HOUSES.  Sent to the Governor, 6/3/04.
        SIGNED BY THE GOVERNOR, 7/14/04, P.A. 93-0736, eff. 7/14/04.
        [Return to Bill Grid above]

H.B.4393: [P.A. 93-0896, eff. 8/10/04]: COLLECTION AGENCIES, CHILD SUPPORT
        Amends the Collection Agency Act. Provides that a collection agency may not impose a fee or charge for any child support payments collected through the efforts of a federal, State, or local government agency. Provides that no collection agency that collects child support payments shall (i) impose a charge or fee for collection of a current child support payment, (ii) fail to apply collections to current support as specified in the order for support before applying collection to arrears or other amounts, or (iii) designate a current child support payment as arrears or other amount owed. Requires the Department of Professional Regulation to determine a fee rate of not less than 25% but not greater than 35%, based upon presentation by the licensees as to costs to provide the service and a fair rate of return. Effective immediately.
        Passed by the House, without amendment, 3/25/04, 113-0-1.
        Passed by the Senate, without amendment, 5/13/04, 44-14-0.
        PASSED BOTH HOUSES.  Sent to the Governor, 6/11/04.
        SIGNED BY THE GOVERNOR, 8/10/04, P.A. 93-0896, eff. 8/10/04.
        [Return to Bill Grid above]

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