SB2902 94TH GENERAL ASSEMBLY

LRB094 18524 AJO 54491 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2902

Introduced 1/20/2006, by Sen. Chris Lauzen

SYNOPSIS AS INTRODUCED:

305 ILCS 5/10-3.3
750 ILCS 5/714
750 ILCS 16/33
750 ILCS 45/14.5

Amends the Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support Punishment Act, and the Illinois Parentage Act of 1984. Requires telecommunications carriers and home service providers providing mobile telecommunications services to supply location information concerning putative fathers and noncustodial parents to public offices or the Child and Spouse Support Unit of the Department of Healthcare and Family Services for the purpose of establishing paternity or establishing, enforcing, or modifying a child support obligation. Effective immediately.

A BILL FOR

AN ACT concerning paternity and support.

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

Section 5. The Illinois Public Aid Code is amended by changing Section 10-3.3 as follows:

(305 ILCS 5/10-3.3)

Sec. 10-3.3. Locating support obligor and others; penalties.

(a) Upon request by the Child and Spouse Support Unit, employers, labor unions, and telephone companies, telecommunications carriers, and "home service providers" providing mobile telecommunications services, as defined in the Mobile Telecommunications Sourcing Conformity Act, shall provide location information concerning putative fathers and noncustodial parents for the purpose of establishing a child's paternity or establishing, enforcing, or modifying a child support obligation. In this Section, "location information" means information about (i) the physical whereabouts of a putative father or noncustodial parent, (ii) the putative father or noncustodial parent's employer, or (iii) the salary, wages, and other compensation paid and the health insurance coverage provided to the putative father or noncustodial parent by the employer of the putative father or noncustodial parent or by a labor union of which the putative father or noncustodial parent is a member.

An employer, labor union, or telephone company, telecommunications carrier, or "home service provider" providing mobile telecommunications services shall respond to the request of the Child and Spouse Support Unit within 15 days after receiving the request. Any employer, labor union, or telephone company, telecommunications carrier, or "home service provider" providing mobile telecommunications services that willfully fails to fully respond within the 15-day period shall be subject to a penalty of $100 for each day that the response is not provided to the Illinois Department after the 15-day period has expired. The penalty may be collected in a civil action, which may be brought against the employer, labor union, or telephone company, telecommunications carrier, or "home service provider" providing mobile telecommunications services in favor of the Illinois Department.

(b) Upon being served with an administrative subpoena as authorized under this Code, a utility company or cable television company must provide location information to the Child and Spouse Support Unit for the purpose of establishing a child's paternity or establishing, enforcing, or modifying a child support obligation.

(c) Notwithstanding the provisions of any other State or local law to the contrary, an employer, labor union, telephone company, telecommunications carrier, "home service provider" providing mobile telecommunications services, utility company, or cable television company shall not be liable to any person for disclosure of location information under the requirements of this Section, except for willful and wanton misconduct.

(Source: P.A. 93-116, eff. 7-10-03.)

Section 10. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 714 as follows:

(750 ILCS 5/714)

Sec. 714. Information to locate putative fathers and noncustodial parents.

(a) Upon request by a public office, employers, labor unions, and telephone companies, telecommunications carriers, and "home service providers" providing mobile telecommunications services, as defined in the Mobile Telecommunications Sourcing Conformity Act, shall provide location information concerning putative fathers and noncustodial parents for the purpose of establishing a child's paternity or establishing, enforcing, or modifying a child support obligation. The term "public office" is defined as set forth in the Income Withholding for Support Act. In this Section, "location information" means information about (i) the physical whereabouts of a putative father or noncustodial parent, (ii) the employer of the putative father or noncustodial parent, or (iii) the salary, wages, and other compensation paid and the health insurance coverage provided to the putative father or noncustodial parent by the employer of the putative father or noncustodial parent or by a labor union of which the putative father or noncustodial parent is a member. An employer, labor union, or telephone company, telecommunications carrier, or "home service provider" providing mobile telecommunications services shall respond to the request of the public office within 15 days after receiving the request. Any employer, labor union, or telephone company, telecommunications carrier, or "home service provider" providing mobile telecommunications services that willfully fails to fully respond within the 15-day period shall be subject to a penalty of $100 for each day that the response is not provided to the public office after the 15-day period has expired. The penalty may be collected in a civil action, which may be brought against the employer, labor union, or telephone company, telecommunications carrier, or "home service provider" providing mobile telecommunications servicesin favor of the public office.

(b) Upon being served with a subpoena (including an administrative subpoena as authorized by law), a utility company or cable television company must provide location information to a public office for the purpose of establishing a child's paternity or establishing, enforcing, or modifying a child support obligation.

(c) Notwithstanding the provisions of any other State or local law to the contrary, an employer, labor union, telephone company, telecommunications carrier, "home service provider" providing mobile telecommunications services, utility company, or cable television company shall not be liable to any person for disclosure of location information under the requirements of this Section, except for willful and wanton misconduct.

(Source: P.A. 93-116, eff. 7-10-03.)

Section 15. The Non-Support Punishment Act is amended by changing Section 33 as follows:

(750 ILCS 16/33)

Sec. 33. Information to locate putative fathers and noncustodial parents.

(a) Upon request by a public office, employers, labor unions, and telephone companies, telecommunications carriers, and "home service providers" providing mobile telecommunications services, as defined in the Mobile Telecommunications Sourcing Conformity Act, shall provide location information concerning putative fathers and noncustodial parents for the purpose of establishing a child's paternity or establishing, enforcing, or modifying a child support obligation. The term "public office" is defined as set forth in the Income Withholding for Support Act. In this Section, "location information" means information about (i) the physical whereabouts of a putative father or noncustodial parent, (ii) the employer of the putative father or noncustodial parent, or (iii) the salary, wages, and other compensation paid and the health insurance coverage provided to the putative father or noncustodial parent by the employer of the putative father or noncustodial parent or by a labor union of which the putative father or noncustodial parent is a member. An employer, labor union, or telephone company, telecommunications carrier, or "home service provider" providing mobile telecommunications services shall respond to the request of the public office within 15 days after receiving the request. Any employer, labor union, or telephone company, telecommunications carrier, or "home service provider" providing mobile telecommunications services that willfully fails to fully respond within the 15-day period shall be subject to a penalty of $100 for each day that the response is not provided to the public office after the 15-day period has expired. The penalty may be collected in a civil action, which may be brought against the employer, labor union, or telephone company, telecommunications carrier, or "home service provider" providing mobile telecommunications services in favor of the public office.

(b) Upon being served with a subpoena (including an administrative subpoena as authorized by law), a utility company or cable television company must provide location information to a public office for the purpose of establishing a child's paternity or establishing, enforcing, or modifying a child support obligation.

(c) Notwithstanding the provisions of any other State or local law to the contrary, an employer, labor union, telephone company, telecommunications carrier, "home service provider" providing mobile telecommunications services, utility company, or cable television company shall not be liable to any person for disclosure of location information under the requirements of this Section, except for willful and wanton misconduct.

(Source: P.A. 93-116, eff. 7-10-03.)

Section 20. the Illinois Parentage Act of 1984 is amended by changing Section 14.5 as follows:

(750 ILCS 45/14.5)

Sec. 14.5. Information to locate putative fathers and noncustodial parents.

(a) Upon request by a public office, employers, labor unions, and telephone companies, telecommunications carriers, and "home service providers" providing mobile telecommunications services, as defined in the Mobile Telecommunications Sourcing Conformity Act, shall provide location information concerning putative fathers and noncustodial parents for the purpose of establishing a child's paternity or establishing, enforcing, or modifying a child support obligation. The term "public office" is defined as set forth in the Income Withholding for Support Act. In this Section, "location information" means information about (i) the physical whereabouts of a putative father or noncustodial parent, (ii) the employer of the putative father or noncustodial parent, or (iii) the salary, wages, and other compensation paid and the health insurance coverage provided to the putative father or noncustodial parent by the employer of the putative father or noncustodial parent or by a labor union of which the putative father or noncustodial parent is a member. An employer, labor union, or telephone company, telecommunications carrier, or "home service provider" providing mobile telecommunications services shall respond to the request of the public office within 15 days after receiving the request. Any employer, labor union, or telephone company, telecommunications carrier, or "home service provider" providing mobile telecommunications services that willfully fails to fully respond within the 15-day period shall be subject to a penalty of $100 for each day that the response is not provided to the public office after the 15-day period has expired. The penalty may be collected in a civil action, which may be brought against the employer, labor union, or telephone company, telecommunications carrier, or "home service provider" providing mobile telecommunications services in favor of the public office.

(b) Upon being served with a subpoena (including an administrative subpoena as authorized by law), a utility company or cable television company must provide location information to a public office for the purpose of establishing a child's paternity or establishing, enforcing, or modifying a child support obligation.

(c) Notwithstanding the provisions of any other State or local law to the contrary, an employer, labor union, telephone company, telecommunications carrier, "home service provider" providing mobile telecommunications services, utility company, or cable television company shall not be liable to any person for disclosure of location information under the requirements of this Section, except for willful and wanton misconduct.

(Source: P.A. 93-116, eff. 7-10-03.)

Section 99. Effective date. This Act takes effect upon becoming law.