093_HB0016eng
HB0016 Engrossed LRB093 02284 DRJ 02292 b
1 AN ACT regarding child support.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Public Aid Code is amended by
5 changing Section 10-3.3 as follows:
6 (305 ILCS 5/10-3.3)
7 Sec. 10-3.3. Locating support obligor and others;
8 penalties.
9 (a) Upon request by the Child and Spouse Support Unit,
10 may request and receive from employers, labor unions, and
11 telephone companies shall provide, and utility companies
12 location information concerning putative fathers and
13 noncustodial parents for the purpose of establishing a
14 child's paternity or establishing, enforcing, or modifying a
15 child support obligation. In this Section, "location
16 information" means information about (i) the physical
17 whereabouts of a putative father or noncustodial parent, (ii)
18 the putative father or noncustodial parent's employer, or
19 (iii) the salary, wages, and other compensation paid and the
20 health insurance coverage provided to the putative father or
21 noncustodial parent by the employer of the putative father or
22 noncustodial parent or by a labor union of which the putative
23 father or noncustodial parent is a member.
24 An The employer, of a putative father or noncustodial
25 parent or the labor union, or telephone company of which the
26 putative father or noncustodial parent is a member shall
27 respond to the request of the Child and Spouse Support Unit
28 within 15 days after receiving the employer or labor union
29 receives the request. Any employer, or labor union, or
30 telephone company that willfully fails to fully respond
31 within the 15-day period shall be subject to a penalty of
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1 $100 for each day that the response is not provided to the
2 Illinois Department after the 15-day period has expired. The
3 penalty may be collected in a civil action, which may be
4 brought against the employer, or labor union, or telephone
5 company in favor of the Illinois Department.
6 (b) Upon being served with an administrative subpoena as
7 authorized under this Code, a utility company or cable
8 television company must provide location information to the
9 Child and Spouse Support Unit for the purpose of establishing
10 a child's paternity or establishing, enforcing, or modifying
11 a child support obligation. Pursuant to an administrative
12 subpoena as authorized under this Code, the Child and Spouse
13 Support Unit may request and receive from utility companies
14 and cable television companies location information
15 concerning individuals who owe or are owed support or against
16 whom or with respect to whom a support obligation is sought.
17 (c) Notwithstanding the provisions of any other State or
18 local law to the contrary, an employer, labor union,
19 telephone company, utility company, or cable television
20 company shall not be liable to any person for disclosure of
21 location information under the requirements of this Section.
22 (Source: P.A. 89-395, eff. 1-1-96; 90-18, eff. 7-1-97.)
23 Section 10. The Illinois Marriage and Dissolution of
24 Marriage Act is amended by adding Section 714 as follows:
25 (750 ILCS 5/714 new)
26 Sec. 714. Information to locate putative fathers and
27 noncustodial parents.
28 (a) Upon request by a public office, employers, labor
29 unions, and telephone companies shall provide location
30 information concerning putative fathers and noncustodial
31 parents for the purpose of establishing a child's paternity
32 or establishing, enforcing, or modifying a child support
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1 obligation. The term "public office" is defined as set forth
2 in the Income Withholding for Support Act. In this Section,
3 "location information" means information about (i) the
4 physical whereabouts of a putative father or noncustodial
5 parent, (ii) the employer of the putative father or
6 noncustodial parent, or (iii) the salary, wages, and other
7 compensation paid and the health insurance coverage provided
8 to the putative father or noncustodial parent by the employer
9 of the putative father or noncustodial parent or by a labor
10 union of which the putative father or noncustodial parent is
11 a member. An employer, labor union, or telephone company
12 shall respond to the request of the public office within 15
13 days after receiving the request. Any employer, labor union,
14 or telephone company that willfully fails to fully respond
15 within the 15-day period shall be subject to a penalty of
16 $100 for each day that the response is not provided to the
17 public office after the 15-day period has expired. The
18 penalty may be collected in a civil action, which may be
19 brought against the employer, labor union, or telephone
20 company in favor of the public office.
21 (b) Upon being served with a subpoena (including an
22 administrative subpoena as authorized by law), a utility
23 company or cable television company must provide location
24 information to a public office for the purpose of
25 establishing a child's paternity or establishing, enforcing,
26 or modifying a child support obligation.
27 (c) Notwithstanding the provisions of any other State or
28 local law to the contrary, an employer, labor union,
29 telephone company, utility company, or cable television
30 company shall not be liable to any person for disclosure of
31 location information under the requirements of this Section.
32 Section 15. The Non-Support Punishment Act is amended by
33 adding Section 33 as follows:
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1 (750 ILCS 16/33 new)
2 Sec. 33. Information to locate putative fathers and
3 noncustodial parents.
4 (a) Upon request by a public office, employers, labor
5 unions, and telephone companies shall provide location
6 information concerning putative fathers and noncustodial
7 parents for the purpose of establishing a child's paternity
8 or establishing, enforcing, or modifying a child support
9 obligation. The term "public office" is defined as set forth
10 in the Income Withholding for Support Act. In this Section,
11 "location information" means information about (i) the
12 physical whereabouts of a putative father or noncustodial
13 parent, (ii) the employer of the putative father or
14 noncustodial parent, or (iii) the salary, wages, and other
15 compensation paid and the health insurance coverage provided
16 to the putative father or noncustodial parent by the employer
17 of the putative father or noncustodial parent or by a labor
18 union of which the putative father or noncustodial parent is
19 a member. An employer, labor union, or telephone company
20 shall respond to the request of the public office within 15
21 days after receiving the request. Any employer, labor union,
22 or telephone company that willfully fails to fully respond
23 within the 15-day period shall be subject to a penalty of
24 $100 for each day that the response is not provided to the
25 public office after the 15-day period has expired. The
26 penalty may be collected in a civil action, which may be
27 brought against the employer, labor union, or telephone
28 company in favor of the public office.
29 (b) Upon being served with a subpoena (including an
30 administrative subpoena as authorized by law), a utility
31 company or cable television company must provide location
32 information to a public office for the purpose of
33 establishing a child's paternity or establishing, enforcing,
34 or modifying a child support obligation.
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1 (c) Notwithstanding the provisions of any other State or
2 local law to the contrary, an employer, labor union,
3 telephone company, utility company, or cable television
4 company shall not be liable to any person for disclosure of
5 location information under the requirements of this Section.
6 Section 20. The Illinois Parentage Act of 1984 is
7 amended by adding Section 14.5 as follows:
8 (750 ILCS 45/14.5 new)
9 Sec. 14.5. Information to locate putative fathers and
10 noncustodial parents.
11 (a) Upon request by a public office, employers, labor
12 unions, and telephone companies shall provide location
13 information concerning putative fathers and noncustodial
14 parents for the purpose of establishing a child's paternity
15 or establishing, enforcing, or modifying a child support
16 obligation. The term "public office" is defined as set forth
17 in the Income Withholding for Support Act. In this Section,
18 "location information" means information about (i) the
19 physical whereabouts of a putative father or noncustodial
20 parent, (ii) the employer of the putative father or
21 noncustodial parent, or (iii) the salary, wages, and other
22 compensation paid and the health insurance coverage provided
23 to the putative father or noncustodial parent by the employer
24 of the putative father or noncustodial parent or by a labor
25 union of which the putative father or noncustodial parent is
26 a member. An employer, labor union, or telephone company
27 shall respond to the request of the public office within 15
28 days after receiving the request. Any employer, labor union,
29 or telephone company that willfully fails to fully respond
30 within the 15-day period shall be subject to a penalty of
31 $100 for each day that the response is not provided to the
32 public office after the 15-day period has expired. The
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1 penalty may be collected in a civil action, which may be
2 brought against the employer, labor union, or telephone
3 company in favor of the public office.
4 (b) Upon being served with a subpoena (including an
5 administrative subpoena as authorized by law), a utility
6 company or cable television company must provide location
7 information to a public office for the purpose of
8 establishing a child's paternity or establishing, enforcing,
9 or modifying a child support obligation.
10 (c) Notwithstanding the provisions of any other State or
11 local law to the contrary, an employer, labor union,
12 telephone company, utility company, or cable television
13 company shall not be liable to any person for disclosure of
14 location information under the requirements of this Section.
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.