Full Text of HB2843 98th General Assembly
HB2843eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning support.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Horse Racing Act of 1975 is amended | 5 | | by 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 | 9 | | Revenue Service and subject to withholding on Form W-2G, | 10 | | organization licensees and advance deposit wagering licensees | 11 | | licensed under this Act shall withhold up to the full amount of | 12 | | winnings necessary to pay the winner's past due child support | 13 | | amount as certified by the Department of Healthcare and Family | 14 | | Services under Section 10-17.15 of the Illinois Public Aid | 15 | | Code. Amounts withheld shall be paid to the Department of | 16 | | Healthcare and Family Services by the organization licensee or | 17 | | the advance deposit wagering licensee, as applicable. | 18 | | (b) For withholding of winnings, the organization licensee | 19 | | or advance deposit wagering licensee shall be entitled to an | 20 | | administrative fee not to exceed the lesser of 4% of the total | 21 | | amount of cash winnings paid to the gambling winner or $150. | 22 | | (c) In no event may the total amount withheld from the cash | 23 | | payout, including the administrative fee, exceed the total cash |
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| 1 | | winnings claimed by the obligor. If the cash payout claimed is | 2 | | greater than the amount sufficient to satisfy the obligor's | 3 | | delinquent child support payments, the organization licensee | 4 | | or advance deposit wagering licensee shall pay the obligor the | 5 | | remaining balance of the payout, less the administrative fee | 6 | | authorized by subsection (b) of this Section, at the time it is | 7 | | claimed. | 8 | | (d) An organization licensee or an advance deposit wagering | 9 | | licensee that in good faith complies with the requirements of | 10 | | this Section shall not be liable to the gaming winner or any | 11 | | other individual or entity. | 12 | | (e) For an organization licensee under this Act, an agent | 13 | | of the Board (such as an employee of the Board) shall be | 14 | | responsible for notifying the person identified as being | 15 | | delinquent in child support payments that the organization | 16 | | licensee is required by law to withhold all or a portion of his | 17 | | or her winnings. This notification must be provided at the time | 18 | | the winnings are withheld. | 19 | | (f) The provisions of this Section shall be operative on | 20 | | and after the date that rules are adopted by the Department of | 21 | | Healthcare and Family Services pursuant to Section 10-17.15 of | 22 | | the Illinois Public Aid Code. | 23 | | (g) The delinquent child support required to be withheld | 24 | | under this Section and the administrative fee under subsection | 25 | | (b) of this Section have priority over any secured or unsecured | 26 | | claim on cash winnings, except claims for federal or State |
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| 1 | | taxes that are required to be withheld under federal or State | 2 | | law. | 3 | | (230 ILCS 5/34.2 new) | 4 | | Sec. 34.2. Withholding of delinquent child support; signs; | 5 | | statement. | 6 | | (a) Each organization licensee shall post signs with a | 7 | | statement regarding withholding of delinquent child support, | 8 | | the text of which shall be determined by rule by the Department | 9 | | of Healthcare and Family Services, at the following locations | 10 | | in each race track at which horse race meetings are conducted | 11 | | by the organization licensee and in each inter-track wagering | 12 | | facility and inter-track wagering location operated by the | 13 | | organization licensee: | 14 | | (1) Each entrance and exit. | 15 | | (2) Near each credit location. | 16 | | The signs shall be provided by the Department of Healthcare | 17 | | and Family Services. | 18 | | (b) Each organization licensee shall print a statement | 19 | | regarding withholding of delinquent child support, the text of | 20 | | which shall be determined by rule by the Department of | 21 | | Healthcare and Family Services, on all official racing programs | 22 | | that the organization licensee provides to the general public. | 23 | | Section 10. The Riverboat Gambling Act is amended by adding | 24 | | Sections 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 | 4 | | Revenue Service on Form W-2G, an owners licensee or a licensee | 5 | | that operates one or more facilities or gaming locations at | 6 | | which lawful gambling is authorized as provided in this Act | 7 | | shall withhold up to the full amount of winnings necessary to | 8 | | pay the winner's past due child support amount as certified by | 9 | | the Department of Healthcare and Family Services under Section | 10 | | 10-17.15 of the Illinois Public Aid Code. Amounts withheld | 11 | | shall be paid to the Department of Healthcare and Family | 12 | | Services by the owners licensee or casino operator licensee, as | 13 | | applicable. | 14 | | (b) For withholding of winnings, the licensee shall be | 15 | | entitled to an administrative fee not to exceed the lesser of | 16 | | 4% of the total amount of cash winnings paid to the gambling | 17 | | winner or $150. | 18 | | (c) In no event may the total amount withheld from the cash | 19 | | payout, including the administrative fee, exceed the total cash | 20 | | winnings claimed by the obligor. If the cash payout claimed is | 21 | | greater than the amount sufficient to satisfy the obligor's | 22 | | delinquent child support payments, the licensee shall pay the | 23 | | obligor the remaining balance of the payout, less the | 24 | | administrative fee authorized by subsection (b) of this | 25 | | Section, at the time it is claimed. |
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| 1 | | (d) A licensee who in good faith complies with the | 2 | | requirements of this Section shall not be liable to the gaming | 3 | | winner or any other individual or entity. | 4 | | (e) Upon request of a licensed owner under this Act, an | 5 | | agent of the Board (such as a gaming special agent employed by | 6 | | the Board, a State police officer, or a revenue agent) shall be | 7 | | responsible for notifying the person identified as being | 8 | | delinquent in child support payments that the licensed owner is | 9 | | required by law to withhold all or a portion of his or her | 10 | | winnings. If given, this notification must be provided at the | 11 | | time the winnings are withheld. | 12 | | (f) The provisions of this Section shall be operative on | 13 | | and after the date that rules are adopted by the Department of | 14 | | Healthcare and Family Services pursuant to Section 10-17.15 of | 15 | | the Illinois Public Aid Code. | 16 | | (g) The delinquent child support required to be withheld | 17 | | under this Section and the administrative fee under subsection | 18 | | (b) of this Section have priority over any secured or unsecured | 19 | | claim on cash winnings, except claims for federal or State | 20 | | taxes that are required to be withheld under federal or State | 21 | | law. | 22 | | (230 ILCS 10/13.2 new) | 23 | | Sec. 13.2. Withholding of delinquent child support; signs; | 24 | | statement. | 25 | | (a) Each licensed owner may post signs with a statement |
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| 1 | | regarding withholding of delinquent child support, the text of | 2 | | which shall be determined by rule by the Department of | 3 | | Healthcare and Family Services, at the following locations in | 4 | | each facility at which gambling is conducted by the licensed | 5 | | owner: | 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 | 10 | | and Family Services. | 11 | | (b) Each licensed owner may print a statement regarding | 12 | | withholding of delinquent child support, the text of which | 13 | | shall be determined by rule by the Department of Healthcare and | 14 | | Family Services, on all paper stock that the license owner | 15 | | provides to the general public. | 16 | | Section 15. The Illinois Public Aid Code is amended by | 17 | | adding Section 10-17.15 as follows: | 18 | | (305 ILCS 5/10-17.15 new) | 19 | | Sec. 10-17.15. Certification of information to State | 20 | | gaming licensees. | 21 | | (a) For purposes of this Section, "State gaming licensee" | 22 | | means, as applicable, an organization licensee or advance | 23 | | deposit wagering licensee licensed under the Illinois Horse | 24 | | Racing Act of 1975, an owners licensee licensed under the |
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| 1 | | Riverboat Gambling Act, or a licensee that operates, under any | 2 | | law of this State, one or more facilities or gaming locations | 3 | | at which lawful gambling is authorized and licensed as provided | 4 | | in the Riverboat Gambling Act. | 5 | | (b) The Department may provide, by rule, for certification | 6 | | to any State gaming licensee of past due child support owed by | 7 | | a responsible relative under a support order entered by a court | 8 | | or administrative body of this or any other State on behalf of | 9 | | a resident or non-resident receiving child support services | 10 | | under this Article in accordance with the requirements of Title | 11 | | IV-D, Part D, of the Social Security Act. The State gaming | 12 | | licensee shall have the ability to withhold from winnings | 13 | | required to be reported to the Internal Revenue Service on Form | 14 | | W-2G, up to the full amount of winnings necessary to pay the | 15 | | winner's past due child support. The rule shall provide for | 16 | | notice to and an opportunity to be heard by each responsible | 17 | | relative affected and any final administrative decision | 18 | | rendered by the Department shall be reviewed only under and in | 19 | | accordance with the Administrative Review Law. | 20 | | (c) For withholding of winnings, the State gaming licensee | 21 | | shall be entitled to an administrative fee not to exceed the | 22 | | lesser of 4% of the total amount of cash winnings paid to the | 23 | | gambling winner or $150. | 24 | | (d) In no event may the total amount withheld from the cash | 25 | | payout, including the administrative fee, exceed the total cash | 26 | | winnings claimed by the obligor. If the cash payout claimed is |
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| 1 | | greater than the amount sufficient to satisfy the obligor's | 2 | | delinquent child support payments, the State gaming licensee | 3 | | shall pay the obligor the remaining balance of the payout, less | 4 | | the administrative fee authorized by subsection (c) of this | 5 | | Section, at the time it is claimed. | 6 | | (e) A State gaming licensee who in good faith complies with | 7 | | the requirements of this Section shall not be liable to the | 8 | | gaming winner or any other individual or entity.
| 9 | | Section 99. Effective date. This Act takes effect July 1, | 10 | | 2013. |
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