093_SB0922enr

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 1        AN ACT in relation to support.

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

 4        Section  5.  The Uniform Interstate Family Support Act is
 5    amended by renumbering Sections 100, 102, 903, 904, and  905;
 6    by changing and renumbering Sections 101 and 103; by changing
 7    Sections  201,  202,  204, 205, 206, 207, 208, 209, 301, 302,
 8    303, 304, 305, 306, 307, 310, 311, 312, 314, 316,  317,  319,
 9    401,  501,  502, 503, 506, 507, 601, 602, 604, 605, 607, 610,
10    611, 612, 701, 801, 802, and 901;  by  adding  Sections  210,
11    211,  and 615; by changing the headings of Article 2, Part 1,
12    Article 2, Part 2, and Article 2, Part 3; and by changing the
13    heading of Article 6 as follows:

14        (750 ILCS 22/101) (was 750 ILCS 22/100)
15        Sec. 101. 100.  Short title.  This Act may  be  cited  as
16    the Uniform Interstate Family Support Act.
17    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
18    by P.A. 88-691.)

19        (750 ILCS 22/102) (was 750 ILCS 22/101)
20        Sec. 102. 101.  Definitions.  In this Act:
21        "Child"  means  an  individual, whether over or under the
22    age of 18, who is or is alleged to be owed a duty of  support
23    by  the individual's parent or who is or is alleged to be the
24    beneficiary of a support order directed to the parent.
25        "Child-support order" means a support order for a  child,
26    including a child who has attained the age of 18.
27        "Duty   of   support"  means  an  obligation  imposed  or
28    imposable by law to provide support for a child,  spouse,  or
29    former  spouse including an unsatisfied obligation to provide
30    support.
 
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 1        "Home state" means the state in which a child lived  with
 2    a parent or  a  person  acting  as  parent  for  at  least  6
 3    consecutive  months  immediately preceding the time of filing
 4    of a petition or comparable pleading for support,  and  if  a
 5    child is less than 6 months old, the state in which the child
 6    lived  from  birth  with  any of them.  A period of temporary
 7    absence of any of them is counted as part of the  6-month  or
 8    other period.
 9        "Income" includes earnings or other periodic entitlements
10    to  money  from  any source and any other property subject to
11    withholding for support under the law of this State.
12        "Income-withholding order" means an order or other  legal
13    process directed to an obligor's employer or other debtor, as
14    defined  by the Illinois Marriage and Dissolution of Marriage
15    Act,  the  Non-Support  of  Spouse  and  Children  Act,   the
16    Non-Support Punishment Act, the Illinois Public Aid Code, and
17    the  Illinois Parentage Act of 1984, to withhold support from
18    the income of the obligor.
19        "Initiating state" means a state from which a  proceeding
20    is forwarded or in which a proceeding is filed for forwarding
21    to  a  responding  state under this Act or a law or procedure
22    substantially similar to this Act.
23        "Initiating tribunal" means the authorized tribunal in an
24    initiating state.
25        "Issuing state" means  the  state  in  which  a  tribunal
26    issues  a  support  order  or  renders a judgment determining
27    parentage.
28        "Issuing tribunal"  means  the  tribunal  that  issues  a
29    support order or renders a judgment determining parentage.
30        "Obligee" means:
31             (A) (i)  an  individual to whom a duty of support is
32        or is alleged to be owed or  in  whose  favor  a  support
33        order   has   been   issued  or  a  judgment  determining
34        parentage has been rendered;
 
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 1             (B) (ii)  a state or political subdivision to  which
 2        the  rights under a duty of support or support order have
 3        been assigned or which has independent  claims  based  on
 4        financial  assistance  provided to an individual obligee;
 5        or
 6             (C) (iii)  an   individual   seeking   a    judgment
 7        determining parentage of the individual's child.
 8        "Obligor"  means  an  individual,  or  the  estate  of  a
 9    decedent:
10                  (i)  who  owes  or  is alleged to owe a duty of
11             support;
12                  (ii)  who  is  alleged   but   has   not   been
13             adjudicated to be a parent of a child; or
14                  (iii)  who is liable under a support order.
15        "Person means an individual, corporation, business trust,
16    estate,   trust,   partnership,  limited  liability  company,
17    association,   joint   venture,   government,    governmental
18    subdivision,  agency, instrumentality, public corporation, or
19    any other legal or commercial entity.
20        "Record"  means  information  that  is  inscribed  on   a
21    tangible  medium  or that is stored in an electronic or other
22    medium and is retrievable in perceivable form.
23        "Register" means to record a support  order  or  judgment
24    determining  parentage in the appropriate Registry of Foreign
25    Support Orders.
26        "Registering  tribunal"  means  a  tribunal  in  which  a
27    support order is registered.
28        "Responding state" means a state in which a proceeding is
29    filed or to which a proceeding is forwarded for  filing  from
30    an  initiating  state  under  this  Act or a law or procedure
31    substantially similar to this Act.
32        "Responding tribunal" means the authorized tribunal in  a
33    responding state.
34        "Spousal-support  order"  means  a  support  order  for a
 
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 1    spouse or former spouse of the obligor.
 2        "State" means a state of the United States, the  District
 3    of  Columbia,  Puerto Rico, the United States Virgin Islands,
 4    or  any  territory  or  insular  possession  subject  to  the
 5    jurisdiction of the United States.  The term includes:
 6             (A) (i)  an Indian tribe; and
 7             (B) (ii)  a foreign country or political subdivision
 8        jurisdiction that:
 9                  (i)  has  been  declared  to   be   a   foreign
10             reciprocating country or political subdivision under
11             federal law;
12                  (ii)  has  established a reciprocal arrangement
13             for child support with this  State  as  provided  in
14             Section 308; or
15                  (iii)  has   enacted   a   law  or  established
16             procedures for issuance and enforcement  of  support
17             orders   which  are  substantially  similar  to  the
18             procedures under this Act,  the  Uniform  Reciprocal
19             Enforcement  of  Support Act, or the Revised Uniform
20             Reciprocal Enforcement of Support Act.
21        "Support enforcement agency" means a public  official  or
22    agency authorized to seek:
23             (A) (1)  enforcement   of  support  orders  or  laws
24        relating to the duty of support;
25             (B) (2)  establishment  or  modification  of   child
26        support;
27             (C) (3)  determination of parentage; or
28             (D) (4)  to locate obligors or their assets; or
29             (E)  determination  of the controlling child support
30        order.
31        "Support order" means a judgment, decree,  or  order,  or
32    directive,   whether   temporary,   final,   or   subject  to
33    modification, issued by a  tribunal  for  the  benefit  of  a
34    child,  a  spouse,  or  a  former  spouse, which provides for
 
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 1    monetary support, health care, arrearages, or  reimbursement,
 2    and  may  include  related  costs  and fees, interest, income
 3    withholding, attorney's fees, and other relief.
 4        "Tribunal"  means  a  court,  administrative  agency,  or
 5    quasi-judicial entity authorized to  establish,  enforce,  or
 6    modify support orders or to determine parentage.
 7    (Source: P.A. 90-240, eff. 7-28-97; 91-613, eff. 10-1-99.)

 8        (750 ILCS 22/103) (was 750 ILCS 22/102)
 9        Sec. 103. 102. Tribunal of State.  The circuit court is a
10    tribunal of this State. The Illinois Department of Public Aid
11    is an initiating tribunal.  The Illinois Department of Public
12    Aid is also a responding tribunal of this State to the extent
13    that   it   can   administratively  establish  paternity  and
14    establish,   modify,   and    enforce    an    administrative
15    child-support  order  under  authority  of  Article  X of the
16    Illinois Public Aid Code.
17    (Source: P.A. 90-240, eff. 7-28-97.)

18        (750 ILCS 22/104) (was 750 ILCS 22/103)
19        Sec. 104. 103.  Remedies cumulative.
20        (a)  Remedies provided by this Act are cumulative and  do
21    not  affect  the  availability  of  remedies under other law,
22    including the recognition of a support  order  of  a  foreign
23    country or political subdivision on the basis of comity.
24        (b)  This Act does not:
25             (1)  provide the exclusive method of establishing or
26        enforcing a support order under the law of this State; or
27             (2)  grant  a tribunal of this State jurisdiction to
28        render judgment or  issue  an  order  relating  to  child
29        custody or visitation in a proceeding under this Act.
30    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
31    by P.A. 88-691.)
 
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 1        (750 ILCS 22/Art. 2, Part 1 heading)
 2               PART 1. EXTENDED PERSONAL JURISDICTION

 3        (750 ILCS 22/201)
 4        Sec. 201.  Bases for jurisdiction over nonresident.
 5        (a)  In  a proceeding to establish or, enforce, or modify
 6    a support order or to determine parentage, a tribunal of this
 7    State may exercise personal jurisdiction over  a  nonresident
 8    individual or the individual's guardian or conservator if:
 9        (1)  the  individual  is  personally  served  with notice
10    within this State;
11        (2)  the individual submits to the jurisdiction  of  this
12    State  by  consent,  by  entering a general appearance, or by
13    filing a responsive document having the effect of waiving any
14    contest to personal jurisdiction;
15        (3)  the individual resided with the child in this State;
16        (4)  the individual resided in this  State  and  provided
17    prenatal expenses or support for the child;
18        (5)  the  child  resides in this State as a result of the
19    acts or directives of the individual;
20        (6)  the individual engaged in sexual intercourse in this
21    State and the child may have been conceived by  that  act  of
22    intercourse;
23        (7)  (Blank); or
24        (8)  there   is  any  other  basis  consistent  with  the
25    constitutions of this State and the  United  States  for  the
26    exercise of personal jurisdiction.
27        (b)  The  bases  of  personal  jurisdiction  set forth in
28    subsection (a) or in any other law of this State may  not  be
29    used  to  acquire personal jurisdiction for a tribunal of the
30    State to modify a child support order of another state unless
31    the requirements of Section 611 or 615 are met.
32    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
33    by P.A. 88-691.)
 
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 1        (750 ILCS 22/202)
 2        Sec. 202. Duration of  personal  jurisdiction.   Personal
 3    jurisdiction  acquired  by  a  tribunal  of  this  State in a
 4    proceeding under this Act or other law of this State relating
 5    to a support order continues as long as a  tribunal  of  this
 6    State  has  continuing,  exclusive jurisdiction to modify its
 7    order or continuing jurisdiction  to  enforce  its  order  as
 8    provided by Sections 205, 206, and 211.
 9        Procedure  when exercising jurisdiction over nonresident.
10    A tribunal of this  State  exercising  personal  jurisdiction
11    over a nonresident under Section 201 may apply Section 316 to
12    receive  evidence  from  another  state,  and  Section 318 to
13    obtain discovery through a tribunal of another state.  In all
14    other respects, Articles 3 through 7 do  not  apply  and  the
15    tribunal  shall  apply  the procedural and substantive law of
16    this State, including the rules on choice of law  other  than
17    those established by this Act.
18    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
19    by P.A. 88-691.)

20        (750 ILCS 22/Art. 2, Part 2 heading)
21          PART 2. PROCEEDINGS INVOLVING TWO OR MORE STATES

22        (750 ILCS 22/204)
23        Sec. 204.  Simultaneous proceedings in another state.
24        (a)  A  tribunal  of this State may exercise jurisdiction
25    to establish a support order if the petition is filed after a
26    petition or comparable pleading is  filed  in  another  state
27    only if:
28             (1)  the  petition in this State is filed before the
29        expiration of the time allowed in  the  other  state  for
30        filing  a responsive pleading challenging the exercise of
31        jurisdiction by the other state;
32             (2)  the  contesting  party  timely  challenges  the
 
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 1        exercise of jurisdiction in the other state; and
 2             (3)  if relevant, this State is the  home  state  of
 3        the child.
 4        (b)  A   tribunal   of   this   State  may  not  exercise
 5    jurisdiction to establish a support order if the petition  is
 6    filed  before  a  petition or comparable pleading is filed in
 7    another state if:
 8             (1)  the petition  or  comparable  pleading  in  the
 9        other  state  is  filed before the expiration of the time
10        allowed in this State for filing  a  responsive  pleading
11        challenging the exercise of jurisdiction by this State;
12             (2)  the  contesting  party  timely  challenges  the
13        exercise of jurisdiction in this State; and
14             (3)  if  relevant, the other state is the home state
15        of the child.
16    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
17    by P.A. 88-691.)

18        (750 ILCS 22/205)
19        Sec. 205.  Continuing, exclusive jurisdiction  to  modify
20    child-support order.
21        (a)  A  tribunal  of this State that has issued issuing a
22    support order consistent with the law of this State  has  and
23    shall  exercise  continuing, exclusive jurisdiction to modify
24    its  over  a  child-support  order  if  the  order   is   the
25    controlling order and:
26             (1)  at  the  time  of  the  filing of a request for
27        modification  as  long  as  this  State  is  remains  the
28        residence of the obligor, the individual obligee, or  the
29        child for whose benefit the support order is issued; or
30             (2)  even  if this State is not the residence of the
31        obligor, the individual obligee, or the child  for  whose
32        benefit  the support order is issued, the parties consent
33        in a record or in open court that the  tribunal  of  this
 
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 1        State may continue to exercise the jurisdiction to modify
 2        its  order  until  all of the parties who are individuals
 3        have filed written consents with  the  tribunal  of  this
 4        State for a tribunal of another state to modify the order
 5        and assume continuing, exclusive jurisdiction.
 6        (b)  A  tribunal  of this State that has issued issuing a
 7    child-support order consistent with the law of this State may
 8    not exercise its continuing exclusive jurisdiction to  modify
 9    the order if:
10             (1)  all  of  the  parties  who are individuals file
11        consent in a record with the tribunal of this State  that
12        a tribunal of another state that has jurisdiction over at
13        least  one of the parties who is an individual or that is
14        located in the state of residence of the child may modify
15        the order and assume continuing, exclusive  jurisdiction;
16        or
17             (2)  its  order  is  not  the  controlling order the
18        order has been modified by a tribunal  of  another  state
19        pursuant to a law substantially similar to this Act.
20        (c)  If  a  child-support order of this State is modified
21    by  a  tribunal  of  another  state   pursuant   to   a   law
22    substantially  similar  to this Act, a tribunal of this State
23    loses its continuing, exclusive jurisdiction with  regard  to
24    prospective  enforcement  of  the order issued in this State,
25    and may only:
26             (1)  enforce the  order  that  was  modified  as  to
27        amounts accruing before the modification;
28             (2)  enforce  nonmodifiable  aspects  of that order;
29        and
30             (3)  provide other appropriate relief for violations
31        of that order which occurred before the effective date of
32        the modification.
33        (d)  A  tribunal  of  this  State  shall  recognize   the
34    continuing,  exclusive  jurisdiction of a tribunal of another
 
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 1    state which has issued a child-support order pursuant to  the
 2    Uniform  Interstate Family Support Act or a law substantially
 3    similar to that this Act which modifies a child-support order
 4    of a tribunal of this State, tribunals of  this  State  shall
 5    recognize  the  continuing,  exclusive  jurisdiction  of  the
 6    tribunal of the other state.
 7        (d)  A  tribunal  of  this  State  that lacks continuing,
 8    exclusive jurisdiction to modify a  child-support  order  may
 9    serve  as  an  initiating  tribunal  to request a tribunal of
10    another state to modify a support order issued in that state.
11        (e)  A temporary support order issued ex parte or pending
12    resolution of  a  jurisdictional  conflict  does  not  create
13    continuing, exclusive jurisdiction in the issuing tribunal.
14        (f)  A  tribunal  of  this  State issuing a support order
15    consistent  with  the  law  of  this  State  has  continuing,
16    exclusive   jurisdiction   over   a   spousal-support   order
17    throughout  the  existence  of  the  support  obligation.   A
18    tribunal of this State may not modify a spousal-support order
19    issued by a tribunal  of  another  state  having  continuing,
20    exclusive jurisdiction over  that order under the law of that
21    state.
22    (Source: P.A. 90-240, eff. 7-28-97.)

23        (750 ILCS 22/206)
24        Sec.  206.  Enforcement and modification of support order
25    by  tribunal  having  Continuing  jurisdiction   to   enforce
26    child-support order.
27        (a)  A   tribunal   of  this  State  that  has  issued  a
28    child-support order consistent with the law of this State may
29    serve as an initiating tribunal  to  request  a  tribunal  of
30    another state to enforce: or modify a support order issued in
31    that state.
32             (1)  the order if the order is the controlling order
33        and  has not been modified by a tribunal of another state
 
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 1        that  assumed  jurisdiction  pursuant  to   the   Uniform
 2        Interstate Family Support Act; or
 3             (2)  a  money  judgment  for  arrears of support and
 4        interest on the order accrued before a determination that
 5        an order of another state is the controlling order.
 6        (b)  A  tribunal  of  this   State   having   continuing,
 7    exclusive  jurisdiction  over  a  support  order may act as a
 8    responding tribunal to enforce or modify  the  order.   If  a
 9    party  subject  to  the continuing, exclusive jurisdiction of
10    the tribunal no longer  resides  in  the  issuing  state,  in
11    subsequent  proceedings  the  tribunal  may apply Section 316
12    (Special Rules of Evidence and Procedure) to receive evidence
13    from  another  state  and  Section   318   (Assistance   with
14    Discovery)  to obtain discovery through a tribunal of another
15    state.
16        (c)  A tribunal of this  State  which  lacks  continuing,
17    exclusive  jurisdiction  over a spousal-support order may not
18    serve as a responding tribunal to  modify  a  spousal-support
19    order of another state.
20    (Source: P.A. 90-240, eff. 7-28-97.)

21        (750 ILCS 22/Art. 2, Part 3 heading)
22                       PART 3. RECONCILIATION
23                         OF MULTIPLE ORDERS

24        (750 ILCS 22/207)
25        Sec.   207.   Determination  Recognition  of  controlling
26    child-support order.
27        (a)  If a proceeding is brought under this Act and   only
28    one  tribunal  has issued a child-support order, the order of
29    that tribunal controls and must be so recognized.
30        (b)  If a proceeding is brought under this Act,  and  two
31    or more child-support orders have been issued by tribunals of
32    this  State  or another state with regard to the same obligor
 
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 1    and same child, a tribunal  of  this  State  having  personal
 2    jurisdiction  over  both  the  obligor and individual obligee
 3    shall apply the following rules and by order shall  determine
 4    in determining which order controls to recognize for purposes
 5    of continuing, exclusive jurisdiction:
 6             (1)   If  only  one  of   the  tribunals  would have
 7        continuing, exclusive jurisdiction under  this  Act,  the
 8        order   of   that   tribunal  controls  and  must  be  so
 9        recognized.
10             (2)  If more than one of the  tribunals  would  have
11        continuing, exclusive jurisdiction under this Act:
12                  (A)  ,  an  order  issued  by a tribunal in the
13             current home state of the child controls;  and  must
14             be so recognized, but
15                  (B)  if  an  order  has  not been issued in the
16             current home state of  the  child,  the  order  most
17             recently issued controls and must be so recognized.
18             (3)  If none of the tribunals would have continuing,
19        exclusive  jurisdiction  under  this Act, the tribunal of
20        this State having jurisdiction  over  the  parties  shall
21        issue  a  child-support order, which controls and must be
22        so recognized.
23        (c)  If two or more child-support orders have been issued
24    for the same obligor and same child, upon request of  and  if
25    the  obligor or the individual obligee resides in this State,
26    a party who is an individual or a support enforcement agency,
27    may  request  a  tribunal  of  this  State  having   personal
28    jurisdiction  over both the obligor and the obligee who is an
29    individual shall to determine which order controls  and  must
30    be  so  recognized  under  subsection (b). The request may be
31    filed with a registration for enforcement or registration for
32    modification pursuant to Article 6, or  may  be  filed  as  a
33    separate  proceeding.  The  request  must be accompanied by a
34    certified  copy  of  every  support  order  in  effect.   The
 
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 1    requesting  party  shall  give  notice of the request to each
 2    party whose rights may be affected by the determination.
 3        (d)  A request to  determine  which  is  the  controlling
 4    order  must  be  accompanied by a copy of every child-support
 5    order in effect and the applicable record of  payments.   The
 6    requesting  party  shall  give  notice of the request to each
 7    party whose rights may be affected by the determination.
 8        (e)  The tribunal that issued the controlling order under
 9    subsection  (a),  (b),  or  (c)  is  the  tribunal  that  has
10    continuing, exclusive jurisdiction to the extent provided  in
11    under Section 205 or 206.
12        (f) (e)  A  tribunal  of this State that which determines
13    by order which is the identity of the controlling order under
14    subsection (b)(1) or (2) or (c), or that which issues  a  new
15    controlling  order  under  subsection  (b)(3), shall state in
16    that order:
17             (1)  the basis upon  which  the  tribunal  made  its
18        determination;
19             (2)  the amount of prospective support, if any; and
20             (3)  the  total  amount  of consolidated arrears and
21        accrued interest, if any, under all of the  orders  after
22        all  payments  made  are  credited as provided by Section
23        209.
24        (g) (f)  Within  30  days  after  issuance  of  an  order
25    determining which is the identity of the  controlling  order,
26    the  party obtaining the order shall file a certified copy of
27    it in with each tribunal that issued or registered an earlier
28    order of child support. A party or support enforcement agency
29    obtaining who obtains the order that  and  fails  to  file  a
30    certified  copy  is  subject  to  appropriate  sanctions by a
31    tribunal in which the issue of failure to  file  arises.  The
32    failure   to   file   does   not   affect   the  validity  or
33    enforceability of the controlling order.
34        (h)  An  order  that  has  been  determined  to  be   the
 
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 1    controlling  order, or a judgment for consolidated arrears of
 2    support and interest, if any, made pursuant to  this  Section
 3    must be recognized in proceedings under this Act.
 4    (Source: P.A. 90-240, eff. 7-28-97.)

 5        (750 ILCS 22/208)
 6        Sec.  208.  Multiple Child-support orders for two or more
 7    obligees.   In  responding  to  multiple   registrations   or
 8    petitions for enforcement of two or more child support orders
 9    in  effect  at  the same time with regard to the same obligor
10    and different individual obligees, at least one of which  was
11    issued  by  a  tribunal  of another state, a tribunal of this
12    State shall enforce those orders in the same manner as if the
13    multiple orders had been issued by a tribunal of this State.
14    (Source: P.A. 90-240, eff. 7-28-97.)

15        (750 ILCS 22/209)
16        Sec. 209.  Credit for payments. A tribunal of this  State
17    shall  credit  amounts  Amounts  collected and credited for a
18    particular period pursuant to any child-support order against
19    the  amounts  owed  for  the  same  period  under  any  other
20    child-support order for support of the same child  a  support
21    order  issued  by a tribunal of this or another state must be
22    credited against the amounts accruing or accrued for the same
23    period under a support order issued by the tribunal  of  this
24    State.
25    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
26    by P.A. 88-691.)

27        (750 ILCS 22/210 new)
28        Sec.  210.  Application  of Act to nonresident subject to
29    personal jurisdiction. A tribunal of  this  State  exercising
30    personal  jurisdiction  over  a  nonresident  in a proceeding
31    under this Act, under other law of this State relating  to  a
 
SB922 Enrolled             -15-      LRB093 03150 LCB 03167 b
 1    support  order,  or  recognizing a support order of a foreign
 2    country or political subdivision on the basis of  comity  may
 3    receive  evidence from another state pursuant to Section 316,
 4    communicate with a tribunal  of  another  state  pursuant  to
 5    Section  317,  and  obtain  discovery  through  a tribunal of
 6    another state pursuant to Section 318. In all other respects,
 7    Articles 3 through 7 do not  apply  and  the  tribunal  shall
 8    apply the procedural and substantive law of this State.

 9        (750 ILCS 22/211 new)
10        Sec.  211.  Continuing,  exclusive jurisdiction to modify
11    spousal-support order.
12        (a)  A tribunal of this State issuing  a  spousal-support
13    order  consistent  with the law of this State has continuing,
14    exclusive jurisdiction to modify  the  spousal-support  order
15    throughout the existence of the support obligation.
16        (b)  A   tribunal   of   this  State  may  not  modify  a
17    spousal-support order issued by a tribunal of  another  state
18    having  continuing,  exclusive  jurisdiction  over that order
19    under the law of that state.
20        (c)  A  tribunal  of  this  State  that  has  continuing,
21    exclusive jurisdiction over a spousal-support order may serve
22    as:
23             (1)  an initiating tribunal to request a tribunal of
24        another state to enforce the spousal-support order issued
25        in this State; or
26             (2)  a responding tribunal to enforce or modify  its
27        own spousal-support order.

28        (750 ILCS 22/301)
29        Sec. 301.  Proceedings under Act.
30        (a)  Except  as  otherwise  provided  in  this  Act, this
31    Article applies to all proceedings under this Act.
32        (b)  This Act provides for the following proceedings:
 
SB922 Enrolled             -16-      LRB093 03150 LCB 03167 b
 1             (1)  establishment of an order for  spousal  support
 2        or child support pursuant to Article 4;
 3             (2)  enforcement    of    a    support   order   and
 4        income-withholding  order  of   another   state   without
 5        registration pursuant to Article 5;
 6             (3)  registration of an order for spousal support or
 7        child  support  of another state for enforcement pursuant
 8        to Article 6;
 9             (4)  modification of an order for child  support  or
10        spousal  support  issued  by  a  tribunal  of  this State
11        pursuant to Article 2, Part 2;
12             (5)  registration of an order for child  support  of
13        another state for modification pursuant to Article 6;
14             (6)  determination  of parentage pursuant to Article
15        7; and
16             (7)  assertion  of  jurisdiction  over  nonresidents
17        pursuant to Article 2, Part 1.
18        (c)  An  individual  obligee  or  a  support  enforcement
19    agency may initiate commence a  proceeding  authorized  under
20    this  Act  by filing a petition in an initiating tribunal for
21    forwarding to  a responding tribunal or by filing a  petition
22    or  a  comparable  pleading directly in a tribunal of another
23    state which has or can obtain personal jurisdiction over  the
24    obligor.
25    (Source: P.A. 90-240, eff. 7-28-97.)

26        (750 ILCS 22/302)
27        Sec.  302.  Proceeding  Action  by minor parent.  A minor
28    parent or a guardian or other legal representative of a minor
29    parent may maintain a proceeding on  behalf  of  or  for  the
30    benefit of the minor's child.
31    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
32    by P.A. 88-691.)


 
SB922 Enrolled             -17-      LRB093 03150 LCB 03167 b
 1        (750 ILCS 22/303)
 2        Sec.  303.   Application  of  law  of  State.   Except as
 3    otherwise provided in by this Act, a responding  tribunal  of
 4    this State shall:
 5        (1)  shall  apply  the  procedural  and  substantive law,
 6    including the rules on choice of law, generally applicable to
 7    similar  proceedings  originating  in  this  State  and   may
 8    exercise  all  powers  and  provide all remedies available in
 9    those proceedings; and
10        (2)  shall determine the duty of support and  the  amount
11    payable  in accordance with the law and support guidelines of
12    this State.
13    (Source: P.A. 90-240, eff. 7-28-97.)

14        (750 ILCS 22/304)
15        Sec. 304.  Duties of initiating tribunal.
16        (a)  Upon the filing of a  petition  authorized  by  this
17    Act, an initiating tribunal of this State shall forward three
18    copies of the petition and its accompanying documents:
19             (1)  to   the  responding  tribunal  or  appropriate
20        support enforcement agency in the responding state; or
21             (2)  if the identity of the responding  tribunal  is
22        unknown,   to   the   state  information  agency  of  the
23        responding state with a request that they be forwarded to
24        the   appropriate   tribunal   and   that   receipt    be
25        acknowledged.
26        (b)  If   requested  by  the  responding  tribunal,  a  a
27    responding state has  not  enacted  this  Act  or  a  law  or
28    procedure  substantially  similar  to this Act, a tribunal of
29    this State shall may issue a certificate  or  other  document
30    and  make  findings  required  by  the  law of the responding
31    state. If the  responding  state  is  a  foreign  country  or
32    political subdivision jurisdiction, upon request the tribunal
33    shall  may specify the amount of support sought, convert that
 
SB922 Enrolled             -18-      LRB093 03150 LCB 03167 b
 1    amount into the equivalent amount  in  the  foreign  currency
 2    under applicable official or market exchange rate as publicly
 3    reported,  and  and  provide any other documents necessary to
 4    satisfy the requirements of the responding state.
 5    (Source: P.A. 90-240, eff. 7-28-97.)

 6        (750 ILCS 22/305)
 7        Sec. 305.  Duties and powers of responding tribunal.
 8        (a)  When a responding tribunal of this State receives  a
 9    petition  or  comparable pleading from an initiating tribunal
10    or directly pursuant to Section 301(b)(c), it shall cause the
11    petition or pleading to be filed and notify the obligee where
12    and when it was filed.
13        (b)  A responding tribunal of this State, to  the  extent
14    not  prohibited otherwise authorized by other law, may do one
15    or more of the following:
16             (1)  issue or enforce  a  support  order,  modify  a
17        child-support    order,    determine    the   controlling
18        child-support order, or render a  judgment  to  determine
19        parentage;
20             (2)  order  an  obligor  to  comply  with  a support
21        order,  specifying  the  amount   and   the   manner   of
22        compliance;
23             (3)  order income withholding;
24             (4)  determine  the  amount  of  any arrearages, and
25        specify a method of payment;
26             (5)  enforce orders by civil or  criminal  contempt,
27        or both;
28             (6)  set  aside  property  for  satisfaction  of the
29        support  order;
30             (7)  place  liens  and  order   execution   on   the
31        obligor's property;
32             (8)  order  an obligor to keep the tribunal informed
33        of the obligor's current residential  address,  telephone
 
SB922 Enrolled             -19-      LRB093 03150 LCB 03167 b
 1        number,  employer,  address  of employment, and telephone
 2        number at the place of employment;
 3             (9)  issue a bench warrant for an  obligor  who  has
 4        failed after proper notice to appear at a hearing ordered
 5        by  the tribunal and enter the bench warrant in any local
 6        and state computer systems for criminal warrants;
 7             (10)  order  the   obligor   to   seek   appropriate
 8        employment by specified methods;
 9             (11)  award  reasonable  attorney's  fees  and other
10        fees and costs;  and
11             (12)  grant any other available remedy.
12        (c)  A responding tribunal of this State shall include in
13    a support order issued under this Act, or  in  the  documents
14    accompanying the order, the calculations on which the support
15    order is based.
16        (d)  A   responding   tribunal  of  this  State  may  not
17    condition the payment of a support order  issued  under  this
18    Act   upon   compliance   by  a  party  with  provisions  for
19    visitation.
20        (e)  If a responding tribunal of  this  State  issues  an
21    order  under  this Act, the tribunal shall send a copy of the
22    order to the obligee and the obligor and  to  the  initiating
23    tribunal, if any.
24        (f)  If requested to enforce a support order, arrears, or
25    judgement  or  modify  a  support  order  stated in a foreign
26    currency, a responding tribunal of this State  shall  convert
27    the  amount  stated in the foreign currency to the equivalent
28    amount in dollars under the  applicable  official  or  market
29    exchange rate as publicly reported.
30    (Source: P.A. 90-240, eff. 7-28-97.)

31        (750 ILCS 22/306)
32        Sec.  306.   Inappropriate  tribunal.   If  a petition or
33    comparable pleading is received by an inappropriate  tribunal
 
SB922 Enrolled             -20-      LRB093 03150 LCB 03167 b
 1    of this State, it the tribunal shall forward the pleading and
 2    accompanying   documents  to  an appropriate tribunal in this
 3    State or another state and notify the obligee where and  when
 4    the pleading was sent.
 5    (Source: P.A. 90-240, eff. 7-28-97.)

 6        (750 ILCS 22/307)
 7        Sec. 307.  Duties of support enforcement agency.
 8        (a)  A  support  enforcement  agency  of this State, upon
 9    request,  shall  provide  services  to  a  petitioner  in   a
10    proceeding  under  this  Act. This subsection does not affect
11    any ability  the  support  enforcement  agency  may  have  to
12    require  an application for services, charge fees, or recover
13    costs  in  accordance  with  federal   or   State   law   and
14    regulations.
15        (b)  A  support  enforcement  agency  that  is  providing
16    services to the petitioner as appropriate shall:
17             (1)  take   all   steps   necessary   to  enable  an
18        appropriate tribunal in this State or  another  state  to
19        obtain jurisdiction over the respondent;
20             (2)  request  an appropriate tribunal to set a date,
21        time, and place for a hearing;
22             (3)  make a reasonable effort to obtain all relevant
23        information,  including  information  as  to  income  and
24        property of the parties;
25             (4)  within  10  days,   exclusive   of   Saturdays,
26        Sundays,  and  legal holidays, after receipt of a written
27        notice in a record from  an  initiating,  responding,  or
28        registering  tribunal,  send  a copy of the notice to the
29        petitioner;
30             (5)  within  10  days,   exclusive   of   Saturdays,
31        Sundays,  and  legal holidays, after receipt of a written
32        communication in a record  from  the  respondent  or  the
33        respondent's  attorney,  send a copy of the communication
 
SB922 Enrolled             -21-      LRB093 03150 LCB 03167 b
 1        to the petitioner; and
 2             (6)  notify the petitioner if jurisdiction over  the
 3        respondent cannot be obtained.
 4        (c)  A  support  enforcement  agency  of  this State that
 5    requests registration of a child-support order in this  State
 6    for  enforcement  or  for  modification shall make reasonable
 7    efforts:
 8             (1)  to ensure that the order to  be  registered  is
 9        the controlling order; or
10             (2)  if  two  or more child-support orders exist and
11        the identity  of  the  controlling  order  has  not  been
12        determined,   to   ensure  that  a  request  for  such  a
13        determination is made in a tribunal  having  jurisdiction
14        to do so.
15        (d)  A  support  enforcement  agency  of  this State that
16    requests registration and enforcement  of  a  support  order,
17    arrears,  or  judgement  stated  in  a foreign currency shall
18    convert the amounts stated in the foreign currency  into  the
19    equivalent  amounts  in dollars under the applicable official
20    or market exchange rate as publicly reported.
21        (e)  A support enforcement agency  of  this  State  shall
22    issue  or  request  a  tribunal  of  this  State  to  issue a
23    child-support order  and  an  income-withholding  order  that
24    redirect payment of current support, arrears, and interest if
25    requested to do so by a support enforcement agency of another
26    state  pursuant  to  Section  319  of  the Uniform Interstate
27    Family Support Act.
28        (f) (c)  This  Act  does   not   create   or   negate   a
29    relationship  of  attorney  and  client  or  other  fiduciary
30    relationship  between  a  support  enforcement  agency or the
31    attorney for the agency and the individual being assisted  by
32    the agency.
33    (Source: P.A. 90-240, eff. 7-28-97.)
 
SB922 Enrolled             -22-      LRB093 03150 LCB 03167 b
 1        (750 ILCS 22/310)
 2        Sec.  310.   Duties  of the Illinois Department of Public
 3    Aid.
 4        (a)  The Illinois Department of Public Aid is  the  state
 5    information agency under this Act.
 6        (b)  The state information agency shall:
 7             (1)  compile  and maintain a current list, including
 8        addresses, of the tribunals  in  this  State  which  have
 9        jurisdiction  under  this Act and any support enforcement
10        agencies in this State and transmit a copy to  the  state
11        information agency of every other state;
12             (2)  maintain  a  register of names and addresses of
13        tribunals and support enforcement agencies received  from
14        other states;
15             (3)  forward  to  the  appropriate  tribunal  in the
16        county place  in  this  State  in  which  the  individual
17        obligee  who  is an individual or the obligor resides, or
18        in  which  the  obligor's  property  is  believed  to  be
19        located, all documents concerning a proceeding under this
20        Act received from an initiating  tribunal  or  the  state
21        information agency of the initiating state; and
22             (4)  obtain  information  concerning the location of
23        the obligor and the obligor's property within this  State
24        not  exempt  from  execution,  by  such  means  as postal
25        verification  and  federal  or  state  locator  services,
26        examination of telephone directories,  requests  for  the
27        obligor's  address  from  employers,  and  examination of
28        governmental  records,  including,  to  the  extent   not
29        prohibited by other law, those relating to real property,
30        vital   statistics,   law  enforcement,  taxation,  motor
31        vehicles, driver's licenses, and social security.
32        (c)  The Illinois Department of Public Aid may  determine
33    that   a   foreign   country  or  political  subdivision  has
34    established a reciprocal arrangement for child  support  with
 
SB922 Enrolled             -23-      LRB093 03150 LCB 03167 b
 1    Illinois and take appropriate action for notification of this
 2    determination.
 3    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
 4    by P.A. 88-691.)

 5        (750 ILCS 22/311)
 6        Sec. 311.  Pleadings and accompanying documents.
 7        (a)  In  a  proceeding  under  this  Act,  a A petitioner
 8    seeking  to  establish  or  modify  a  support  order  or  to
 9    determine parentage or to register and modify a support order
10    of another state in a proceeding under this Act must  file  a
11    verify  the  petition. Unless otherwise ordered under Section
12    312, the petition or accompanying documents must provide,  so
13    far  as  known,  the  name,  residential  address, and social
14    security numbers of the respondent and the petitioner or  the
15    parent  and  alleged  parent,  and the name, sex, residential
16    address, social security number, and date of  birth  of  each
17    child  for  whose  benefit  whom  support  is sought or whose
18    parentage is to be determined.  Unless filed at the  time  of
19    registration, the petition must be accompanied by a certified
20    copy  of  any  support  order  known  to  have been issued by
21    another tribunal in effect.  The  petition  may  include  any
22    other  information that may assist in locating or identifying
23    the respondent.
24        (b)  The petition must specify the  relief  sought.   The
25    petition    and    accompanying    documents   must   conform
26    substantially with the  requirements  imposed  by  the  forms
27    mandated  by  federal law for use in cases filed by a support
28    enforcement agency.
29    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
30    by P.A. 88-691; 88-691, eff. 1-24-95.)

31        (750 ILCS 22/312)
32        Sec. 312.  Nondisclosure of  information  in  exceptional
 
SB922 Enrolled             -24-      LRB093 03150 LCB 03167 b
 1    circumstances.  If  a  party  alleges  in  an  affidavit or a
 2    pleading under oath that the health, safety, or liberty of  a
 3    party or child would be jeopardized by disclosure of specific
 4    identifying  information, that information must be sealed and
 5    may not be disclosed to the other party or  public.  After  a
 6    hearing  in  which  a  tribunal  takes into consideration the
 7    health, safety,  or  liberty  of  the  party  or  child,  the
 8    tribunal   may  order  disclosure  of  information  that  the
 9    tribunal determines to be in the interest of justice. Upon  a
10    finding, which may be made ex parte, that the health, safety,
11    or  liberty  of a party or child would be unreasonably put at
12    risk by the disclosure of identifying information, or  if  an
13    existing  order  so provides, a tribunal shall order that the
14    address  of  the  child  or  party   or   other   identifying
15    information  not be disclosed in a pleading or other document
16    filed in a proceeding under this Act.
17    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
18    by P.A. 88-691.)

19        (750 ILCS 22/314)
20        Sec. 314.  Limited immunity of petitioner.
21        (a)  Participation by a petitioner in a proceeding  under
22    this  Act before a responding tribunal, whether in person, by
23    private attorney, or through services provided by the support
24    enforcement agency, does  not  confer  personal  jurisdiction
25    over the petitioner in another proceeding.
26        (b)  A  petitioner  is  not  amenable to service of civil
27    process while physically present in this State to participate
28    in a proceeding under this Act.
29        (c)  The immunity granted by this Section does not extend
30    to civil litigation based on acts unrelated to  a  proceeding
31    under  this  Act  committed  by a party while present in this
32    State to participate in the proceeding.
33    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
 
SB922 Enrolled             -25-      LRB093 03150 LCB 03167 b
 1    by P.A. 88-691; 88-691, eff. 1-24-95.)

 2        (750 ILCS 22/316)
 3        Sec. 316.  Special rules of evidence and procedure.
 4        (a)  The physical presence of a nonresident party who  is
 5    an individual the petitioner in a responding tribunal of this
 6    State  is not required for the establishment, enforcement, or
 7    modification of  a  support  order  or  the  rendition  of  a
 8    judgment determining parentage.
 9        (b)  An   A  verified  petition,  affidavit,  a  document
10    substantially complying with federally mandated forms, or and
11    a  document incorporated by reference in any of  them,  which
12    would  not  be  excluded  under  the hearsay rule if given in
13    person, is admissible in evidence if given under  penalty  of
14    perjury oath by a party or witness residing in another state.
15        (c)  A  copy  of  the  record  of  child-support payments
16    certified as a true copy of the original by the custodian  of
17    the  record  may  be forwarded to a responding tribunal.  The
18    copy is evidence of facts asserted in it, and  is  admissible
19    to show whether payments were made.
20        (d)  Copies  of  bills for testing for parentage, and for
21    prenatal and postnatal health care of the mother  and  child,
22    furnished to the adverse party at least 10 days before trial,
23    are admissible in evidence to prove the amount of the charges
24    billed  and  that the charges were reasonable, necessary, and
25    customary.
26        (e)  Documentary evidence transmitted from another  state
27    to  a  tribunal  of  this  State by telephone, telecopier, or
28    other means that do not provide an  original  record  writing
29    may  not  be  excluded from evidence on an objection based on
30    the means of transmission.
31        (f)  In a proceeding under this Act, a tribunal  of  this
32    State shall may permit a party or witness residing in another
33    state  to  be deposed or to testify by telephone, audiovisual
 
SB922 Enrolled             -26-      LRB093 03150 LCB 03167 b
 1    means, or other electronic means at a designated tribunal  or
 2    other location in that state.  A tribunal of this State shall
 3    cooperate  with  tribunals  of other states in designating an
 4    appropriate location for the deposition or testimony.
 5        (g)  If a party called to  testify  at  a  civil  hearing
 6    refuses  to  answer  on  the ground that the testimony may be
 7    self-incriminating, the trier of fact  may  draw  an  adverse
 8    inference from the refusal.
 9        (h)  A  privilege  against  disclosure  of communications
10    between spouses does not apply in  a  proceeding  under  this
11    Act.
12        (i)  The defense of immunity based on the relationship of
13    husband  and  wife  or  parent  and child does not apply in a
14    proceeding under this Act.
15        (j)  A voluntary acknowledgment of  paternity,  certified
16    as  a  true copy, is admissible to establish parentage of the
17    child.
18    (Source: P.A. 90-240, eff. 7-28-97.)

19        (750 ILCS 22/317)
20        Sec. 317.  Communications between tribunals.  A  tribunal
21    of  this  State  may  communicate  with a tribunal of another
22    state or foreign country or political subdivision in a record
23    writing,  or  by  telephone  or  other   means,   to   obtain
24    information  concerning  the  laws  of  that state, the legal
25    effect of a judgment, decree, or order of that tribunal,  and
26    the  status  of  a  proceeding  in the other state or foreign
27    country or political subdivision.  A tribunal of  this  State
28    may  furnish  similar  information  by  similar  means  to  a
29    tribunal  of  another  state  or foreign country or political
30    subdivision.
31    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
32    by P.A. 88-691.)
 
SB922 Enrolled             -27-      LRB093 03150 LCB 03167 b
 1        (750 ILCS 22/319)
 2        Sec.  319.   Receipt  and  disbursement  of  payments.  A
 3    support enforcement agency or tribunal of  this  State  shall
 4    disburse  promptly any amounts received pursuant to a support
 5    order, as directed by the  order.   The  agency  or  tribunal
 6    shall  furnish  to  a requesting party or tribunal of another
 7    state a certified statement by the custodian of the record of
 8    the amounts and dates of all payments received.
 9        (b)  If neither the obligor, nor the obligee  who  is  an
10    individual, nor the child resides in this State, upon request
11    from  the support enforcement agency of this State or another
12    state, the support enforcement agency  of  this  State  or  a
13    tribunal of this State shall:
14             (1)  direct  that the support payment be made to the
15        support enforcement agency in  the  state  in  which  the
16        obligee is receiving services; and
17             (2)  issue  and  send  to  the  obligor's employer a
18        conforming income-withholding order or an  administrative
19        notice  of  change  of  payee,  reflecting the redirected
20        payments.
21             (3)  The support enforcement agency  of  this  State
22        receiving redirected payments from another state pursuant
23        to  a  law  similar  to subsection (b) shall furnish to a
24        requesting  party  or  tribunal  of  the  other  state  a
25        certified statement by the custodian of the record of the
26        amount and dates of all payments received.
27    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
28    by P.A. 88-691.)

29        (750 ILCS 22/401)
30        Sec. 401.  Petition to establish support order.
31        (a)  If a support order  entitled  to  recognition  under
32    this  Act  has not been issued, a responding tribunal of this
33    State may issue a support order if:
 
SB922 Enrolled             -28-      LRB093 03150 LCB 03167 b
 1             (1)  the individual seeking  the  order  resides  in
 2        another state; or
 3             (2)  the  support  enforcement  agency  seeking  the
 4        order is located in another state.
 5        (b)  The  tribunal  may  issue  a temporary child-support
 6    order if the  tribunal  determines  that  such  an  order  is
 7    appropriate and the individual ordered to pay is:
 8             (1)  a presumed father of the child;
 9             (2)  petitioning to have his paternity adjudicated;
10             (3)  identified  as  the father of the child through
11        genetic testing;
12             (4)  an alleged father who has declined to submit to
13        genetic testing;
14             (5)  shown by clear and convincing  evidence  to  be
15        the father of the child;
16             (6)  an   acknowledged   father   as   provided   by
17        applicable State law;
18             (7)  the mother of the child; or
19             (8)  an individual who has been ordered to pay child
20        support  in  a  previous proceeding and the order has not
21        been reversed or vacated.
22             (1)  the respondent has signed a verified  statement
23        acknowledging parentage;
24             (2)  the   respondent  has  been  determined  by  or
25        pursuant to law to be the parent; or
26             (3)  there is other clear  and  convincing  evidence
27        that the respondent is the child's parent.
28        (c)  Upon  finding,  after  notice  and opportunity to be
29    heard, that a respondent owes a duty of support, the tribunal
30    shall issue a support order directed to  the  respondent  and
31    may issue other orders pursuant to Section 305.
32    (Source: P.A. 90-240, eff. 7-28-97.)

33        (750 ILCS 22/501)

 
SB922 Enrolled             -29-      LRB093 03150 LCB 03167 b
 1        Sec. 501.  Employer's receipt of income-withholding order
 2    of  another  state.  An  income-withholding  order  issued in
 3    another state may be sent by or on behalf of the obligee,  or
 4    by  the  support  enforcement agency, to the person or entity
 5    defined    as    the    obligor's    employer    under    the
 6    income-withholding law of this State without first  filing  a
 7    petition or comparable pleading or registering the order with
 8    a tribunal of this State.
 9    (Source: P.A. 90-240, eff. 7-28-97.)

10        (750 ILCS 22/502)
11        Sec.  502.  Employer's compliance with income-withholding
12    order of another state.
13        (a)  Upon receipt of  an  income-withholding  order,  the
14    obligor's  employer  shall  immediately provide a copy of the
15    order to the obligor.
16        (b)  The employer shall treat an income-withholding order
17    issued in another state which appears regular on its face  as
18    if it had been issued by a tribunal of this State.
19        (c)  Except  as  otherwise provided in subsection (d) and
20    Section 503 the employer shall withhold  and  distribute  the
21    funds  as directed in the withholding order by complying with
22    terms of the order which specify:
23             (1)  the duration and amount of periodic payments of
24        current child-support, stated as a sum certain;
25             (2)  the person  or  agency  designated  to  receive
26        payments  and the address to which the payments are to be
27        forwarded;
28             (3)  medical  support,  whether  in  the   form   of
29        periodic  cash  payment,  stated  as  a  sum  certain, or
30        ordering the obligor to provide health insurance coverage
31        for the  child  under  a  policy  available  through  the
32        obligor's employment;
33             (4)  the  amount  of  periodic  payments of fees and
 
SB922 Enrolled             -30-      LRB093 03150 LCB 03167 b
 1        costs for  a  support  enforcement  agency,  the  issuing
 2        tribunal,  and  the  obligee's  attorney,  stated as sums
 3        certain; and
 4             (5)  the amount of periodic payments  of  arrearages
 5        and interest on arrearages, stated as sums certain.
 6        (d)  An  employer  shall comply with the law of the state
 7    of  the  obligor's  principal   place   of   employment   for
 8    withholding from income with respect to:
 9             (1)  the    employer's   fee   for   processing   an
10        income-withholding order;
11             (2)  the maximum amount  permitted  to  be  withheld
12        from the obligor's income; and
13             (3)  the   times  within  which  the  employer  must
14        implement the withholding order  and  forward  the  child
15        support payment.
16    (Source: P.A. 90-240, eff. 7-28-97.)

17        (750 ILCS 22/503)
18        Sec.   503.  Employer's   compliance  with  two  or  more
19    multiple income-withholding orders. If an obligor's  employer
20    receives  two or more multiple income-withholding orders with
21    respect to the earnings of the  same  obligor,  the  employer
22    satisfies  the  terms  of the multiple orders if the employer
23    complies with the law of the state of the obligor's principal
24    place  of  employment  to  establish   the   priorities   for
25    withholding  and  allocating  income withheld for two or more
26    multiple child support obligees.
27    (Source: P.A. 90-240, eff. 7-28-97.)

28        (750 ILCS 22/506)
29        Sec. 506.  Contest by obligor.
30        (a)  An obligor may contest the validity  or  enforcement
31    of  an  income-withholding  order issued in another state and
32    received directly by an employer in this State by registering
 
SB922 Enrolled             -31-      LRB093 03150 LCB 03167 b
 1    the order in a tribunal of this State and filing a contest to
 2    that order as provided in Article 6, or otherwise  contesting
 3    the  order in the same manner as if the order had been issued
 4    by a tribunal of this  State.  Section  604  applies  to  the
 5    contest.
 6        (b)  The obligor shall give notice of the contest to:
 7             (1) a  support enforcement agency providing services
 8        to the obligee;
 9             (2)  each employer that  has  directly  received  an
10        income-withholding order relating to the obligor; and
11             (3)  the  person  or  agency  designated  to receive
12        payments in the income-withholding order or if no  person
13        or agency is designated, to the obligee.
14    (Source: P.A. 90-240, eff. 7-28-97.)

15        (750 ILCS 22/507)
16        Sec. 507.  Administrative enforcement of orders.
17        (a)  A  party  or  support  enforcement agency seeking to
18    enforce a support order or an  income-withholding  order,  or
19    both,  issued  by  a  tribunal  of another state may send the
20    documents required for registering the  order  to  a  support
21    enforcement agency of this State.
22        (b)  Upon   receipt   of   the   documents,  the  support
23    enforcement agency, without initially seeking to register the
24    order,  shall  consider  and,   if   appropriate,   use   any
25    administrative  procedure authorized by the law of this State
26    to enforce a support order or an income-withholding order, or
27    both.   If  the  obligor  does  not  contest   administrative
28    enforcement,  the  order  need  not  be  registered.   If the
29    obligor contests the validity or  administrative  enforcement
30    of  the  order, the support enforcement agency shall register
31    the order pursuant to this Act.
32    (Source: P.A. 90-240, eff. 7-28-97.)
 
SB922 Enrolled             -32-      LRB093 03150 LCB 03167 b
 1        (750 ILCS 22/Art. 6 heading)
 2                             ARTICLE 6.
 3                   REGISTRATION, ENFORCEMENT, AND
 4                    MODIFICATION OF SUPPORT ORDER
 5                         AFTER REGISTRATION

 6        (750 ILCS 22/601)
 7        Sec. 601.   Registration  of  order  for  enforcement.  A
 8    support  order  or  an  income-withholding  order issued by a
 9    tribunal of another state may be registered in this State for
10    enforcement.
11    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
12    by P.A. 88-691.)

13        (750 ILCS 22/602)
14        Sec. 602.  Procedure to register order for enforcement.
15        (a)  A  support  order  or  income-withholding  order  of
16    another state may be registered in this State by sending  the
17    following   records   documents   and   information   to  the
18    appropriate tribunal in this State:
19             (1)  a  letter  of  transmittal  to   the   tribunal
20        requesting registration and enforcement;
21             (2)  2  copies, including one certified copy, of the
22        order  all  orders  to  be  registered,   including   any
23        modification of the an order;
24             (3)  a  sworn  statement  by  the  person requesting
25        party seeking registration or a  certified  statement  by
26        the  custodian  of  the records showing the amount of any
27        arrearage;
28             (4)  the name of the obligor and, if known:
29                  (i)  the obligor's address and social  security
30             number;
31                  (ii)  the  name  and  address  of the obligor's
32             employer and any  other  source  of  income  of  the
 
SB922 Enrolled             -33-      LRB093 03150 LCB 03167 b
 1             obligor; and
 2                  (iii)  a   description   and  the  location  of
 3             property of the obligor in  this  State  not  exempt
 4             from execution; and
 5             (5)  except  as  otherwise  provided in Section 312,
 6        the name and address of the obligee and,  if  applicable,
 7        the  agency  or person to whom support payments are to be
 8        remitted.
 9        (b)  On  receipt  of  a  request  for  registration,  the
10    registering tribunal shall cause the order to be filed  as  a
11    foreign judgment, together with one copy of the documents and
12    information, regardless of their form.
13        (c)  A  petition  or comparable pleading seeking a remedy
14    that must be affirmatively sought under  other  law  of  this
15    State  may  be  filed  at  the  same  time as the request for
16    registration or later.  The pleading must specify the grounds
17    for the remedy sought.
18        (d)  If two or more orders  are  in  effect,  the  person
19    requesting registration shall:
20             (1)  furnish to the tribunal a copy of every support
21        order  asserted  to  be  in  effect  in  addition  to the
22        documents specified in this Section;
23             (2)  specify the order alleged to be the controlling
24        order, if any; and
25             (3)  specify the amount of consolidated arrears,  if
26        any.
27        (e)  A  request  for  a  determination  of  which  is the
28    controlling order may be filed separately or with  a  request
29    for  registration  and  enforcement  or  for registration and
30    modification.  The person requesting registration shall  give
31    notice  of  the  request  to  each  party whose rights may be
32    affected by the determination.
33    (Source: P.A. 92-463, eff. 8-22-01.)
 
SB922 Enrolled             -34-      LRB093 03150 LCB 03167 b
 1        (750 ILCS 22/604)
 2        Sec. 604.  Choice of law.
 3        (a)  Except as otherwise provided in subsection (d),  the
 4    law of the issuing state governs:
 5             (1)  the  nature,  extent,  amount,  and duration of
 6        current payments under a registered  support  order;  and
 7        other obligations of support and
 8             (2)  the  computation  and payment of arrearages and
 9        accrual of interest on the arrearages under  the  support
10        order; and
11             (3)  the   existence   and   satisfaction  of  other
12        obligations under the support order.
13        (b)  In a  proceeding  for  arrears  under  a  registered
14    support order arrearages, the statute of limitation under the
15    laws  of  this  State  or  of the issuing state, whichever is
16    longer, applies.
17        (c)  A responding tribunal of this State shall apply  the
18    procedures  and  remedies  of  this  State to enforce current
19    support and collect arrears and interest  due  on  a  support
20    order of another state registered in this State.
21        (d)  After a tribunal of this or another state determines
22    which   is   the   controlling  order  and  issues  an  order
23    consolidating arrears, if any, a tribunal of this State shall
24    prospectively  apply  the  law  of  the  state  issuing   the
25    controlling  order, including its law on interest on arrears,
26    on current and future support, and on consolidated arrears.
27    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
28    by P.A. 88-691.)

29        (750 ILCS 22/605)
30        Sec. 605.  Notice of registration of order.
31        (a)  When a support  order  or  income-withholding  order
32    issued  in  another  state  is  registered,  the  registering
33    tribunal  shall  notify  the nonregistering party. The notice
 
SB922 Enrolled             -35-      LRB093 03150 LCB 03167 b
 1    must be accompanied by a copy of the registered order and the
 2    documents and relevant information accompanying the order.
 3        (b)  A The notice must inform the nonregistering party:
 4             (1)  that a registered order is  enforceable  as  of
 5        the  date  of registration in the same manner as an order
 6        issued by a tribunal of this State;
 7             (2)  that a  hearing  to  contest  the  validity  or
 8        enforcement  of  the  registered  order must be requested
 9        within 20 days after the  date  of  mailing  or  personal
10        service of the notice;
11             (3)  that   failure   to  contest  the  validity  or
12        enforcement of the registered order in  a  timely  manner
13        will  result in confirmation of the order and enforcement
14        of the order and the  alleged  arrearages  and  precludes
15        further  contest of that order with respect to any matter
16        that could have been asserted; and
17             (4)  of the amount of any alleged arrearages.
18        (c)  If the registering party asserts that  two  or  more
19    orders are in effect, a notice must also:
20             (1)  identify  the  two or more orders and the order
21        alleged by the registering person to be  the  controlling
22        order and the consolidated arrears, if any;
23             (2)  notify the nonregistering party of the right to
24        a determination of which is the controlling order;
25             (3)  state   that   the   procedures   provided   in
26        subsection (b) apply to the determination of which is the
27        controlling order; and
28             (4)  state  that  failure to contest the validity or
29        enforcement of the order alleged to  be  the  controlling
30        order  in a timely manner may result in confirmation that
31        the order is the controlling order.
32        (d) (c)  Upon registration of an income-withholding order
33    for enforcement, the registering tribunal  shall  notify  the
34    obligor's  employer  pursuant  to  the Income Withholding for
 
SB922 Enrolled             -36-      LRB093 03150 LCB 03167 b
 1    Support Act.
 2    (Source: P.A. 90-240, eff.  7-28-97;  90-655,  eff.  7-30-98;
 3    90-673, eff. 1-1-99; 91-357, eff. 7-29-99.)

 4        (750 ILCS 22/607)
 5        Sec. 607.  Contest of registration or enforcement.
 6        (a)  A  party contesting the validity or enforcement of a
 7    registered order or seeking to vacate  the  registration  has
 8    the burden of proving one or more of the following defenses:
 9             (1)  the    issuing    tribunal    lacked   personal
10        jurisdiction over the contesting party;
11             (2)  the order was obtained by fraud;
12             (3)  the  order  has  been  vacated,  suspended,  or
13        modified by a later order;
14             (4)  the  issuing  tribunal  has  stayed  the  order
15        pending appeal;
16             (5)  there is a defense under the law of this  State
17        to the remedy sought;
18             (6)  full or partial payment has been made; or
19             (7)  the  statute  of  limitation  under Section 604
20        precludes enforcement of  some  or  all  of  the  alleged
21        arrearages; or
22             (8)  the   alleged  controlling  order  is  not  the
23        controlling order.
24        (b)  If a party presents evidence establishing a full  or
25    partial  defense  under  subsection  (a), a tribunal may stay
26    enforcement of the registered order, continue the  proceeding
27    to  permit  production  of  additional relevant evidence, and
28    issue other appropriate orders.  An  uncontested  portion  of
29    the   registered  order  may  be  enforced  by  all  remedies
30    available under the law of this State.
31        (c)  If the contesting party does not establish a defense
32    under subsection (a) to the validity or  enforcement  of  the
33    order,   the   registering  tribunal  shall  issue  an  order
 
SB922 Enrolled             -37-      LRB093 03150 LCB 03167 b
 1    confirming  the order.
 2    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
 3    by P.A. 88-691.)

 4        (750 ILCS 22/610)
 5        Sec. 610.  Effect of  registration  for  modification.  A
 6    tribunal  of  this State may enforce a child-support order of
 7    another state registered for purposes of modification, in the
 8    same manner as if the order had been issued by a tribunal  of
 9    this  State, but the registered order may be modified only if
10    the requirements of Section 611, 613, or 615 have been met.
11    (Source: P.A. 90-240, eff. 7-28-97.)

12        (750 ILCS 22/611)
13        Sec. 611.  Modification of Child-Support Order of Another
14    State.
15        (a)  If Section 613 does no apply,  except  as  otherwise
16    provided  in  Section  615,  upon petition a tribunal of this
17    State may  modify  After  a  child-support  order  issued  in
18    another state which is has been registered in this State, the
19    responding  tribunal of this State may modify that order only
20    if Section 613 does  not  apply  and  if,  after  notice  and
21    hearing, the tribunal it finds that:
22             (1)  the following requirements are met:
23                  (A)  (i)  neither the child, nor the individual
24             petitioner  who  is  an  individual,  nor  and   the
25             respondent  resides  do  not  reside  in the issuing
26             state;
27                  (B) (ii)  a petitioner who is a nonresident  of
28             this State seeks modification; and
29                  (C)  (iii)  the  respondent  is  subject to the
30             personal jurisdiction of the tribunal of this State;
31             or
32             (2)  this State is the State  of  residence  of  the
 
SB922 Enrolled             -38-      LRB093 03150 LCB 03167 b
 1        child, or a party who is an individual, is subject to the
 2        personal  jurisdiction  of the tribunal of this State and
 3        all of the parties who are individuals have filed written
 4        consents in a  record  in  the  issuing  tribunal  for  a
 5        tribunal  of  this  State to modify the support order and
 6        assume continuing, exclusive jurisdiction over the order.
 7        However, if the issuing state is a  foreign  jurisdiction
 8        that  has  not  enacted  a  law or established procedures
 9        substantially similar to the procedures under  this  Act,
10        the  consent otherwise required of an individual residing
11        in this State is not required for the tribunal to  assume
12        jurisdiction to modify the child-support order.
13        (b)  Modification  of a registered child-support order is
14    subject to the same requirements,  procedures,  and  defenses
15    that   apply  to  the  modification  of  an order issued by a
16    tribunal of this State and the  order  may  be  enforced  and
17    satisfied in the same manner.
18        (c)  Except  as  otherwise  provided  in  Section  615, a
19    tribunal of this  State  may  not  modify  any  aspect  of  a
20    child-support order that may not be modified under the law of
21    the  issuing  state, including the duration of the obligation
22    of  support.  If  two   or   more   tribunals   have   issued
23    child-support orders for the same obligor and same child, the
24    order  that  controls and must be so recognized under Section
25    207 establishes the aspects of the support  order  which  are
26    nonmodifiable.
27        (d)  In a proceeding to modify a child-support order, the
28    law  of  the  state  that  is  determined  to have issued the
29    initial  controlling  order  governs  the  duration  of   the
30    obligation of support.  The obligor's fulfillment of the duty
31    of  support established by that order precludes imposition of
32    a further obligation of support by a tribunal of this State.
33        (e) (d)  On issuance of an order by a  tribunal  of  this
34    State  modifying  a  child-support  order  issued  in another
 
SB922 Enrolled             -39-      LRB093 03150 LCB 03167 b
 1    state, the a tribunal of  this  State  becomes  the  tribunal
 2    having continuing, exclusive jurisdiction.
 3    (Source: P.A. 90-240, eff. 7-28-97.)

 4        (750 ILCS 22/612)
 5        Sec.  612.   Recognition  of  order  modified  in another
 6    state.  If a child-support order issued by a tribunal of this
 7    State is modified  shall  recognize  a  modification  of  its
 8    earlier  child-support  order  by a tribunal of another state
 9    which assumed jurisdiction pursuant to the Uniform Interstate
10    Family  Support  Act,  a  tribunal  of  this  State   a   law
11    substantially  similar  to this Act and, upon request, except
12    as otherwise provided in this Act, shall:
13        (1)  may enforce its the order that was modified only  as
14    to   arrears   and   interest  amounts  accruing  before  the
15    modification;
16        (2)  enforce only nonmodifiable aspects of that order;
17        (2) (3)  provide  other  appropriate  relief   only   for
18    violations  of  its  that  order  which  occurred  before the
19    effective date of the  modification; and
20        (3) (4)  recognize  the  modifying  order  of  the  other
21    state, upon registration, for the purpose of enforcement.
22    (Source: P.A. 90-240, eff. 7-28-97.)

23        (750 ILCS 22/615 new)
24        Sec. 615.  Jurisdiction to modify child-support order  of
25    foreign country or political subdivision.
26        (a)  If  a  foreign country or political subdivision that
27    otherwise meets the requirements for inclusion under this Act
28    as set forth in subpart (B)  of  the  definition  of  "State"
29    contained in Section 102 will not or may not modify its order
30    pursuant  to  its  laws,  a tribunal of this State may assume
31    jurisdiction to modify the child-support order and  bind  all
32    individuals  subject  to  the  personal  jurisdiction  of the
 
SB922 Enrolled             -40-      LRB093 03150 LCB 03167 b
 1    tribunal whether or not the  consent  to  modification  of  a
 2    child-support  order  otherwise  required  of  the individual
 3    pursuant to  Section  611  has  been  given  or  whether  the
 4    individual  seeking  modification is a resident of this State
 5    or of the foreign country or political subdivision.
 6        (b)  An order issued pursuant  to  this  Section  is  the
 7    controlling order.

 8        (750 ILCS 22/701)
 9        Sec.  701.   Proceeding  to  determine  parentage. (a)  A
10    tribunal of this State authorized to determine parentage of a
11    child may serve as a an initiating or responding tribunal  in
12    a proceeding to determine parentage brought under this Act or
13    a  law  substantially  similar to this Act, to determine that
14    the obligee is a parent of a particular child or to determine
15    that an obligor is a parent of that child.
16        (b)  In a proceeding to determine parentage, a responding
17    tribunal of this State shall apply the Illinois Parentage Act
18    of 1984, and the rules of this State on choice of law.
19    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
20    by P.A. 88-691.)

21        (750 ILCS 22/801)
22        Sec. 801.  Grounds for rendition.
23        (a)  For purposes of this Article, "governor" includes an
24    individual  performing  the  functions  of  governor  or  the
25    executive authority of a state covered by this Act.
26        (b)  The governor of this State may:
27             (1)  demand  that  the  governor  of  another  state
28        surrender an individual found in the other state  who  is
29        charged  criminally  in  this State with having failed to
30        provide for the support of an obligee; or
31             (2)  on the demand of by  the  governor  of  another
32        state, surrender an individual found in this State who is
 
SB922 Enrolled             -41-      LRB093 03150 LCB 03167 b
 1        charged  criminally in the other state with having failed
 2        to provide for the support of an obligee.
 3        (c)  A  provision  for  extradition  of  individuals  not
 4    inconsistent with this Act applies to the demand even if  the
 5    individual  whose  surrender  is  demanded  was  not  in  the
 6    demanding  state  when  the crime was allegedly committed and
 7    has not fled therefrom.
 8    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
 9    by P.A. 88-691.)

10        (750 ILCS 22/802)
11        Sec. 802.  Conditions of rendition.
12        (a)  Before making demand that the  governor  of  another
13    state  surrender  an  individual  charged  criminally in this
14    State with having failed to provide for  the  support  of  an
15    obligee,  the Governor of this State may require a prosecutor
16    of this State to demonstrate that at least 60 days previously
17    the obligee had  initiated proceedings for  support  pursuant
18    to this Act or that the proceeding would be of no avail.
19        (b)  If, under this Act or a law substantially similar to
20    this  Act, the Uniform Reciprocal Enforcement of Support Act,
21    or the Revised Uniform Reciprocal Enforcement of Support Act,
22    the Governor  of  another  state  makes  a  demand  that  the
23    governor  of  this  State  surrender  an  individual  charged
24    criminally  in  that  state with having failed to provide for
25    the support of a child or other individual to whom a duty  of
26    support  is  owed,  the  governor may require a prosecutor to
27    investigate the demand and report whether  a  proceeding  for
28    support  has  been  initiated  or  would  be effective. If it
29    appears that a proceeding would be effective but has not been
30    initiated, the governor may delay honoring the demand  for  a
31    reasonable time to permit the initiation of a proceeding.
32        (c)  If  a  proceeding for support has been initiated and
33    the individual whose  rendition  is  demanded  prevails,  the
 
SB922 Enrolled             -42-      LRB093 03150 LCB 03167 b
 1    governor  may  decline  to  honor the demand.  If the obligee
 2    prevails and the individual whose rendition  is  demanded  is
 3    subject to a support order, the governor may decline to honor
 4    the  demand  if  the individual is complying with the support
 5    order.
 6    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
 7    by P.A. 88-691.)

 8        (750 ILCS 22/901)
 9        Sec. 901.  Uniformity of  application  and  construction.
10    In  applying  and  construing  this Uniform Act consideration
11    must be given to the need to promote uniformity of  This  Act
12    shall  be  applied  and  construed  to effectuate its general
13    purpose to make uniform the  law  with  respect  to  its  the
14    subject  of  this Act matter among states that enact enacting
15    it.
16    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
17    by P.A. 88-691.)

18        (750 ILCS 22/902) (was 750 ILCS 22/903)
19        Sec. 902. 903. Severability clause. If any  provision  of
20    this  Act or its application to any person or circumstance is
21    held invalid, the invalidity does not affect other provisions
22    or applications of this Act which can be given effect without
23    the invalid provision or application, and  to  this  end  the
24    provisions of this Act are severable.
25    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
26    by P.A. 88-691.)

27        (750 ILCS 22/903) (was 750 ILCS 22/904)
28        Sec.   903.  904.  Effective  date.  (See  Sec.  999  for
29    effective date.)
30    (Source: P.A. 88-550, eff. date changed from 1-1-95 to 1-1-96
31    by P.A. 88-691.)
 
SB922 Enrolled             -43-      LRB093 03150 LCB 03167 b
 1        (750 ILCS 22/904) (was 750 ILCS 22/905)
 2        Sec. 904. 905. Repeal.  The  Revised  Uniform  Reciprocal
 3    Enforcement  of Support Act is repealed on the effective date
 4    of this amendatory Act of 1997. An action that was  commenced
 5    under  the  Revised Uniform Reciprocal Enforcement of Support
 6    Act and is pending on the effective date of  this  amendatory
 7    Act  of  1997 shall be decided in accordance with that Act as
 8    it existed immediately before its repeal by  this  amendatory
 9    Act of 1997.
10    (Source: P.A. 90-240, eff. 7-28-97.)

11        (750 ILCS 22/902 rep.)
12        Section  10. The Uniform Interstate Family Support Act is
13    amended by repealing Section 902.

14        Section  99.  Operative  date.  This  Act  shall   become
15    operative  upon at least one of the following 2 events taking
16    place, whichever occurs first, but in no event prior to  July
17    1, 2004:
18             (1)  The amendment by Congress of subdivision (f) of
19        42  U.S.C.  Sec. 666 to statutorily require or authorize,
20        in connection  with  the  approval  of  state  plans  for
21        purposes  of federal funding, the adoption of the Uniform
22        Interstate Family  Support  Act  as  promulgated  by  the
23        National  Conference  of  Commissioners  on Uniform State
24        Laws in 2001.
25             (2)  The approval, either generally or with specific
26        application to Illinois, by the federal office  of  Child
27        Support  Enforcement  or  by  the Secretary of Health and
28        Human Services, of a waiver, exemption, finding, or other
29        indicia of regulatory approval of the Uniform  Interstate
30        Family  Support  Act,  as  promulgated  by  the  National
31        Conference  of  Commissioners  on  Uniform  State Laws in
32        2001, in connection with the approval of state plans  for
 
SB922 Enrolled             -44-      LRB093 03150 LCB 03167 b
 1        purposes of federal funding.