093_HB0015

 
                                     LRB093 02376 WGH 02384 b

 1        AN ACT to amend the Illinois Wage Payment and  Collection
 2    Act.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The Illinois Wage Payment and Collection Act
 6    is amended by adding Section 4.5 as follows:

 7        (820 ILCS 115/4.5 new)
 8        Sec. 4.5.  Employee's child support  obligation;  payment
 9    of wages in cash.
10        (a)  Before   employing  a  person  as  an  employee,  an
11    employer shall ask the person whether  he  or  she  currently
12    owes a duty to make payments for the support of a child under
13    an order for support as defined in the Income Withholding for
14    Support Act.
15        (b)  If an employer pays wages in cash to an employee who
16    at  the  time of payment owes a duty to make payments for the
17    support of a child under an order for support as  defined  in
18    the Income Withholding for Support Act and if that payment of
19    wages  in  cash enables the employee to evade his or her duty
20    to make payments for the support of a child under that  order
21    for  support, then the employer commits a business offense by
22    making that payment of wages in cash.  Upon conviction of  an
23    offense under this subsection, an employer shall be fined (i)
24    an  amount  equal  to 3 times the amount of support for which
25    the employee  was  able  to  evade  payment  because  of  the
26    employer's  payment of his or her wages in cash plus (ii) the
27    costs of collecting that support.  Upon collecting the  fine,
28    the  clerk  of  the court shall pay the amount of the fine to
29    the custodial parent or other legal guardian of the child for
30    whom the employee owed the support, for the  benefit  of  the
31    child.