HB2843 EngrossedLRB098 09320 AMC 39460 b

1    AN ACT concerning support.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Horse Racing Act of 1975 is amended
5by adding Sections 27.2 and 34.2 as follows:
 
6    (230 ILCS 5/27.2 new)
7    Sec. 27.2. Withholding of delinquent child support.
8    (a) From winnings required to be reported to the Internal
9Revenue Service and subject to withholding on Form W-2G,
10organization licensees and advance deposit wagering licensees
11licensed under this Act shall withhold up to the full amount of
12winnings necessary to pay the winner's past due child support
13amount as certified by the Department of Healthcare and Family
14Services under Section 10-17.15 of the Illinois Public Aid
15Code. Amounts withheld shall be paid to the Department of
16Healthcare and Family Services by the organization licensee or
17the advance deposit wagering licensee, as applicable.
18    (b) For withholding of winnings, the organization licensee
19or advance deposit wagering licensee shall be entitled to an
20administrative fee not to exceed the lesser of 4% of the total
21amount of cash winnings paid to the gambling winner or $150.
22    (c) In no event may the total amount withheld from the cash
23payout, including the administrative fee, exceed the total cash

 

 

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1winnings claimed by the obligor. If the cash payout claimed is
2greater than the amount sufficient to satisfy the obligor's
3delinquent child support payments, the organization licensee
4or advance deposit wagering licensee shall pay the obligor the
5remaining balance of the payout, less the administrative fee
6authorized by subsection (b) of this Section, at the time it is
7claimed.
8    (d) An organization licensee or an advance deposit wagering
9licensee that in good faith complies with the requirements of
10this Section shall not be liable to the gaming winner or any
11other individual or entity.
12    (e) For an organization licensee under this Act, an agent
13of the Board (such as an employee of the Board) shall be
14responsible for notifying the person identified as being
15delinquent in child support payments that the organization
16licensee is required by law to withhold all or a portion of his
17or her winnings. This notification must be provided at the time
18the winnings are withheld.
19    (f) The provisions of this Section shall be operative on
20and after the date that rules are adopted by the Department of
21Healthcare and Family Services pursuant to Section 10-17.15 of
22the Illinois Public Aid Code.
23    (g) The delinquent child support required to be withheld
24under this Section and the administrative fee under subsection
25(b) of this Section have priority over any secured or unsecured
26claim on cash winnings, except claims for federal or State

 

 

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1taxes that are required to be withheld under federal or State
2law.
 
3    (230 ILCS 5/34.2 new)
4    Sec. 34.2. Withholding of delinquent child support; signs;
5statement.
6    (a) Each organization licensee shall post signs with a
7statement regarding withholding of delinquent child support,
8the text of which shall be determined by rule by the Department
9of Healthcare and Family Services, at the following locations
10in each race track at which horse race meetings are conducted
11by the organization licensee and in each inter-track wagering
12facility and inter-track wagering location operated by the
13organization licensee:
14        (1) Each entrance and exit.
15        (2) Near each credit location.
16    The signs shall be provided by the Department of Healthcare
17and Family Services.
18    (b) Each organization licensee shall print a statement
19regarding withholding of delinquent child support, the text of
20which shall be determined by rule by the Department of
21Healthcare and Family Services, on all official racing programs
22that the organization licensee provides to the general public.
 
23    Section 10. The Riverboat Gambling Act is amended by adding
24Sections 13.05 and 13.2 as follows:
 

 

 

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1    (230 ILCS 10/13.05 new)
2    Sec. 13.05. Withholding of delinquent child support.
3    (a) From winnings required to be reported to the Internal
4Revenue Service on Form W-2G, an owners licensee or a licensee
5that operates one or more facilities or gaming locations at
6which lawful gambling is authorized as provided in this Act
7shall withhold up to the full amount of winnings necessary to
8pay the winner's past due child support amount as certified by
9the Department of Healthcare and Family Services under Section
1010-17.15 of the Illinois Public Aid Code. Amounts withheld
11shall be paid to the Department of Healthcare and Family
12Services by the owners licensee or casino operator licensee, as
13applicable.
14    (b) For withholding of winnings, the licensee shall be
15entitled to an administrative fee not to exceed the lesser of
164% of the total amount of cash winnings paid to the gambling
17winner or $150.
18    (c) In no event may the total amount withheld from the cash
19payout, including the administrative fee, exceed the total cash
20winnings claimed by the obligor. If the cash payout claimed is
21greater than the amount sufficient to satisfy the obligor's
22delinquent child support payments, the licensee shall pay the
23obligor the remaining balance of the payout, less the
24administrative fee authorized by subsection (b) of this
25Section, at the time it is claimed.

 

 

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1    (d) A licensee who in good faith complies with the
2requirements of this Section shall not be liable to the gaming
3winner or any other individual or entity.
4    (e) Upon request of a licensed owner under this Act, an
5agent of the Board (such as a gaming special agent employed by
6the Board, a State police officer, or a revenue agent) shall be
7responsible for notifying the person identified as being
8delinquent in child support payments that the licensed owner is
9required by law to withhold all or a portion of his or her
10winnings. If given, this notification must be provided at the
11time the winnings are withheld.
12    (f) The provisions of this Section shall be operative on
13and after the date that rules are adopted by the Department of
14Healthcare and Family Services pursuant to Section 10-17.15 of
15the Illinois Public Aid Code.
16    (g) The delinquent child support required to be withheld
17under this Section and the administrative fee under subsection
18(b) of this Section have priority over any secured or unsecured
19claim on cash winnings, except claims for federal or State
20taxes that are required to be withheld under federal or State
21law.
 
22    (230 ILCS 10/13.2 new)
23    Sec. 13.2. Withholding of delinquent child support; signs;
24statement.
25    (a) Each licensed owner may post signs with a statement

 

 

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1regarding withholding of delinquent child support, the text of
2which shall be determined by rule by the Department of
3Healthcare and Family Services, at the following locations in
4each facility at which gambling is conducted by the licensed
5owner:
6        (1) Each entrance and exit.
7        (2) Near each credit location.
8        (3) At each cashier's cage.
9    The signs shall be provided by the Department of Healthcare
10and Family Services.
11    (b) Each licensed owner may print a statement regarding
12withholding of delinquent child support, the text of which
13shall be determined by rule by the Department of Healthcare and
14Family Services, on all paper stock that the license owner
15provides to the general public.
 
16    Section 15. The Illinois Public Aid Code is amended by
17adding Section 10-17.15 as follows:
 
18    (305 ILCS 5/10-17.15 new)
19    Sec. 10-17.15. Certification of information to State
20gaming licensees.
21    (a) For purposes of this Section, "State gaming licensee"
22means, as applicable, an organization licensee or advance
23deposit wagering licensee licensed under the Illinois Horse
24Racing Act of 1975, an owners licensee licensed under the

 

 

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1Riverboat Gambling Act, or a licensee that operates, under any
2law of this State, one or more facilities or gaming locations
3at which lawful gambling is authorized and licensed as provided
4in the Riverboat Gambling Act.
5    (b) The Department may provide, by rule, for certification
6to any State gaming licensee of past due child support owed by
7a responsible relative under a support order entered by a court
8or administrative body of this or any other State on behalf of
9a resident or non-resident receiving child support services
10under this Article in accordance with the requirements of Title
11IV-D, Part D, of the Social Security Act. The State gaming
12licensee shall have the ability to withhold from winnings
13required to be reported to the Internal Revenue Service on Form
14W-2G, up to the full amount of winnings necessary to pay the
15winner's past due child support. The rule shall provide for
16notice to and an opportunity to be heard by each responsible
17relative affected and any final administrative decision
18rendered by the Department shall be reviewed only under and in
19accordance with the Administrative Review Law.
20    (c) For withholding of winnings, the State gaming licensee
21shall be entitled to an administrative fee not to exceed the
22lesser of 4% of the total amount of cash winnings paid to the
23gambling winner or $150.
24    (d) In no event may the total amount withheld from the cash
25payout, including the administrative fee, exceed the total cash
26winnings claimed by the obligor. If the cash payout claimed is

 

 

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1greater than the amount sufficient to satisfy the obligor's
2delinquent child support payments, the State gaming licensee
3shall pay the obligor the remaining balance of the payout, less
4the administrative fee authorized by subsection (c) of this
5Section, at the time it is claimed.
6    (e) A State gaming licensee who in good faith complies with
7the requirements of this Section shall not be liable to the
8gaming winner or any other individual or entity.
 
9    Section 99. Effective date. This Act takes effect July 1,
102013.