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| [ Engrossed ] | [ House Amendment 002 ] |
90_HB0614
305 ILCS 5/10-24 new
Amends the Illinois Public Aid Code. Requires the
Department of Public Aid to establish, no later then October
1, 1998, an automated directory containing identifying
information, submitted by the employer, for each new employee
hired in the State. Provides that the directory shall be
used to facilitate the enforcement, collection, and
disbursement of child support payments. States that the
directory shall be known as the State Directory of New Hires.
Provides for sharing information with other State agencies
for the purpose of collecting other debts owed to the State.
LRB9000328DJcdA
LRB9000328DJcdA
1 AN ACT to amend the Illinois Public Aid Code by adding
2 Section 10-24.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Public Aid Code is amended by
6 adding Section 10-24 as follows:
7 (305 ILCS 5/10-24 new)
8 Sec. 10-24. State Directory of New Hires.
9 (a) General. The Department of Public Aid shall
10 establish, no later than October 1, 1998, an automated
11 directory containing identifying information, submitted by
12 the employer, for each new employee hired in the State. The
13 directory shall be used to facilitate the enforcement,
14 collection, and disbursement of child support payments. This
15 directory shall be known as the State Directory of New Hires.
16 (b) Definitions. As used in this Section:
17 "Employee" means an individual who is an employee within
18 the meaning of Chapter 24 of the Internal Revenue Code of
19 1986.
20 "Employer" means an individual or entity who is an
21 employer within the meaning of subsection (d) of Section 3401
22 of the Internal Revenue Code of 1986.
23 (c) Employer information and reporting requirements.
24 Each employer shall furnish to the Directory a report
25 containing the name, address, and Social Security number of
26 the employee and the name, address, and identifying number
27 assigned to the employer under Section 6109 of the Internal
28 Revenue Code of 1986. The report shall be submitted (i) no
29 later than 20 days after the date the employer hires the
30 employee or (ii) if the employer is transmitting reports
31 magnetically or electronically, by 2 monthly transmissions
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1 (if necessary) not less than 12 days nor more than 16 days
2 apart. The report shall be made on a W-4 form or, at the
3 option of the employer, an equivalent form. The report may
4 be transmitted by first-class mail, magnetically, or
5 electronically.
6 (d) Penalties. The failure to comply with subsection
7 (c) may result in a civil monetary penalty of (i) $25 per
8 employee not reported or (ii) $500 per employee if the
9 failure to report is the result of a conspiracy between the
10 employer and employee to not supply the required report or to
11 supply a false or incomplete report.
12 (e) Entry of information. The information submitted
13 under subsection (c) shall be entered into the Directory
14 within 5 business days after receipt from the employer.
15 (f) Transmission of information to the employer. Within
16 2 business days after the date information is entered into
17 the Directory under subsection (e), the Illinois Department
18 shall transmit a notice to the employer to withhold from the
19 wages of the employee an amount equal to the monthly child
20 support obligation, including any past due support
21 obligation, of the employee if the employee's wages are
22 subject to withholding under Section 10-16.2 of this Code,
23 Section 706.1 of the Illinois Marriage and Dissolution of
24 Marriage Act, Section 4.1 of the Non-Support of Spouse and
25 Children Act, Section 26.1 of the Revised Uniform Reciprocal
26 Enforcement of Support Act, or Section 20 of the Illinois
27 Parentage Act of 1984.
28 (g) Transmission of information to the National
29 Directory of New Hires. Within 3 business days after the
30 date information regarding newly hired employees is entered
31 into the State Directory, the Directory shall furnish the
32 information to the National Directory of New Hires.
33 (h) Sharing information with other State agencies. For
34 the purpose of collecting other debts owed to the State of
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1 Illinois (including, but not limited to, any taxes owed to
2 the State), the Illinois Department shall share with other
3 State agencies the information regarding newly hired
4 employees that is entered into the State Directory.