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Illinois Family Support
Enforcement Association

2007 Legislation

        The following provides a summary of public acts related to child support enforcement resulting from bills introduced in the 2007 session of the 95th Illinois General Assembly (and one bill passed by the legislature but vetoed by the Governor).

(Last up-dated: February 2, 2008)
(bills introduced thru H.B. 3981, S.B. 1835)

S.B. 0454   MARRIAGE ACT-CHILD HEALTH TRUST  [P.A. 95-0374, eff. 1/1/08]
        Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that the court in a dissolution judgment may also set aside a portion of the joint or separate estates of the parties in a fund or trust for the physical and mental health (at present, for the support, maintenance, education, and general welfare) of any minor, dependent, or incompetent child of the parties.
        Approved by the Senate, 3/15/07, 54-00-00.
        Approved by the House, 5/29/07, 116-0-0.
        PASSED BOTH HOUSES;  Sent to the Governor 6/27/07.
        Approved by the Governor, 8/23/07, as P.A. 95-0374, eff. 1/1/08.
         [Return to Bill Grid above]

S.B. 1035   ACCESS TO RECORDS; MUNICIPAL VEHICLE IMPOUNDMENT; SEVERANCE PAY  [P.A. 95-0685, eff. 10/23/07]
        "Shell Bill," amended May 31, 2007;. Amends the Illinois Public Aid Code, the Illinois Vehicle Code, and the Income Withholding for Support Act.  Provides for an obligor's or obligee's access to certain case records in connection with any proceedings of the Department of Healthcare & Family Services to determine or enforce support obligations.  Provides that the Department of Healthcare and Family Services may provide by rule for certification to municipalities of past due support owed by responsible relatives for the purpose of effecting collection of past due support by immobilization and impoundment of vehicles registered to responsible relatives.  Provides for denial, refusal to renew, or suspension of a person's driver's license if the person is 90 days or more delinquent in payment of support.  Authorizes municipalities to provide by ordinance for a program of vehicle immobilization and impoundment in cases in which the Department of Healthcare and Family Services has certified to the municipality that the registered owner of a vehicle owes past due support.  Provides that for purposes of the Income Withholding for Support Act, "income" includes severance pay. Effective immediately.
        Passed by the Senate, as amended, 6/20/07, 52-0-0.
        Passed by the House, 8/9/07, 78-24-6.
        PASSED BOTH HOUSES; Sent to the Governor 9/7/07
        Approved by the Governor, 10/23/07, as P.A. 95-0685, eff. 10/23/07.
         [Return to Bill Grid above]

H.B. 0619  INCOME WITHHOLDING:  PAYOR EMPLOYEE LIABILITY  [P.A. 95-0468, eff. 6/1/08]
        As introduced, amended the Illinois Public Aid Code. Provides that before a court or the Department of Healthcare and Family Services' Child and Spouse Support Unit enters an order for support, the court or Unit must determine whether another order has been entered requiring the responsible relative to contribute to the support of the person requiring support. Provides that if the court or the Child and Spouse Support Unit determines that another such order has been entered, the court or Unit must ensure that its order does not require the responsible relative to make any payment of support that duplicates a payment required under the other order.
        House amendment replaced everything above. As amended, amends the Income Withholding for Support Act.  Provides that any officer or employee of any payor subject to the provisions of the Act who has the control, supervision, or responsibility for withholding and paying over income pursuant to an income withholding notice properly served on the payor and who wilfully fails to withhold or pay over income as required under the income withholding notice shall be personally liable for a penalty equal to the total amount that was not withheld or paid over by the payor.  Provides that this personal liability shall survive the dissolution of a partnership, limited liability company, or corporation.
        Passed by the Houde, as amended, 3/29/07, 114-1-0.
        Senate amendment adds that only where the employer has incurred sums due under the income withholding penalty provisions and is unable to pay such amounts may personal liability attach to a responsible officer or employee who has willfully failed to withhold and pay over income as required under the income withholding notice.
        Passed by the Senate, as amended, 5/16/07, 55-0-0.
        House concurs in Senate amendment, 6/1/07, 108-0-0.
        PASSED BOTH HOUSES;  Sent to the Governor 6/29/07
        Approved by the Governor, 8/27/07, as P.A. 95-0468, eff. 6/1/08.
        [Return to Bill Grid above]

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