Illinois General Assembly

Previous General Assemblies

Public Act 098-0318


 

Public Act 0318 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0318
 
HB2843 EnrolledLRB098 09320 AMC 39460 b

    AN ACT concerning support.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Horse Racing Act of 1975 is amended
by adding Sections 27.2 and 34.2 as follows:
 
    (230 ILCS 5/27.2 new)
    Sec. 27.2. Withholding of delinquent child support.
    (a) From winnings required to be reported to the Internal
Revenue Service and subject to withholding on Form W-2G,
organization licensees and advance deposit wagering licensees
licensed under this Act shall withhold up to the full amount of
winnings necessary to pay the winner's past due child support
amount as certified by the Department of Healthcare and Family
Services under Section 10-17.15 of the Illinois Public Aid
Code. Amounts withheld shall be paid to the Department of
Healthcare and Family Services by the organization licensee or
the advance deposit wagering licensee, as applicable.
    (b) For withholding of winnings, the organization licensee
or advance deposit wagering licensee shall be entitled to an
administrative fee not to exceed the lesser of 4% of the total
amount of cash winnings paid to the gambling winner or $150.
    (c) In no event may the total amount withheld from the cash
payout, including the administrative fee, exceed the total cash
winnings claimed by the obligor. If the cash payout claimed is
greater than the amount sufficient to satisfy the obligor's
delinquent child support payments, the organization licensee
or advance deposit wagering licensee shall pay the obligor the
remaining balance of the payout, less the administrative fee
authorized by subsection (b) of this Section, at the time it is
claimed.
    (d) An organization licensee or an advance deposit wagering
licensee that in good faith complies with the requirements of
this Section shall not be liable to the gaming winner or any
other individual or entity.
    (e) For an organization licensee under this Act, an agent
of the Board (such as an employee of the Board) shall be
responsible for notifying the person identified as being
delinquent in child support payments that the organization
licensee is required by law to withhold all or a portion of his
or her winnings. This notification must be provided at the time
the winnings are withheld.
    (f) The provisions of this Section shall be operative on
and after the date that rules are adopted by the Department of
Healthcare and Family Services pursuant to Section 10-17.15 of
the Illinois Public Aid Code.
    (g) The delinquent child support required to be withheld
under this Section and the administrative fee under subsection
(b) of this Section have priority over any secured or unsecured
claim on cash winnings, except claims for federal or State
taxes that are required to be withheld under federal or State
law.
 
    (230 ILCS 5/34.2 new)
    Sec. 34.2. Withholding of delinquent child support; signs;
statement.
    (a) Each organization licensee shall post signs with a
statement regarding withholding of delinquent child support,
the text of which shall be determined by rule by the Department
of Healthcare and Family Services, at the following locations
in each race track at which horse race meetings are conducted
by the organization licensee and in each inter-track wagering
facility and inter-track wagering location operated by the
organization licensee:
        (1) Each entrance and exit.
        (2) Near each credit location.
    The signs shall be provided by the Department of Healthcare
and Family Services.
    (b) Each organization licensee shall print a statement
regarding withholding of delinquent child support, the text of
which shall be determined by rule by the Department of
Healthcare and Family Services, on all official racing programs
that the organization licensee provides to the general public.
 
    Section 10. The Riverboat Gambling Act is amended by adding
Sections 13.05 and 13.2 as follows:
 
    (230 ILCS 10/13.05 new)
    Sec. 13.05. Withholding of delinquent child support.
    (a) From winnings required to be reported to the Internal
Revenue Service on Form W-2G, an owners licensee or a licensee
that operates one or more facilities or gaming locations at
which lawful gambling is authorized as provided in this Act
shall withhold up to the full amount of winnings necessary to
pay the winner's past due child support amount as certified by
the Department of Healthcare and Family Services under Section
10-17.15 of the Illinois Public Aid Code. Amounts withheld
shall be paid to the Department of Healthcare and Family
Services by the owners licensee or casino operator licensee, as
applicable.
    (b) For withholding of winnings, the licensee shall be
entitled to an administrative fee not to exceed the lesser of
4% of the total amount of cash winnings paid to the gambling
winner or $150.
    (c) In no event may the total amount withheld from the cash
payout, including the administrative fee, exceed the total cash
winnings claimed by the obligor. If the cash payout claimed is
greater than the amount sufficient to satisfy the obligor's
delinquent child support payments, the licensee shall pay the
obligor the remaining balance of the payout, less the
administrative fee authorized by subsection (b) of this
Section, at the time it is claimed.
    (d) A licensee who in good faith complies with the
requirements of this Section shall not be liable to the gaming
winner or any other individual or entity.
    (e) Upon request of a licensed owner under this Act, an
agent of the Board (such as a gaming special agent employed by
the Board, a State police officer, or a revenue agent) shall be
responsible for notifying the person identified as being
delinquent in child support payments that the licensed owner is
required by law to withhold all or a portion of his or her
winnings. If given, this notification must be provided at the
time the winnings are withheld.
    (f) The provisions of this Section shall be operative on
and after the date that rules are adopted by the Department of
Healthcare and Family Services pursuant to Section 10-17.15 of
the Illinois Public Aid Code.
    (g) The delinquent child support required to be withheld
under this Section and the administrative fee under subsection
(b) of this Section have priority over any secured or unsecured
claim on cash winnings, except claims for federal or State
taxes that are required to be withheld under federal or State
law.
 
    (230 ILCS 10/13.2 new)
    Sec. 13.2. Withholding of delinquent child support; signs;
statement.
    (a) Each licensed owner may post signs with a statement
regarding withholding of delinquent child support, the text of
which shall be determined by rule by the Department of
Healthcare and Family Services, at the following locations in
each facility at which gambling is conducted by the licensed
owner:
        (1) Each entrance and exit.
        (2) Near each credit location.
        (3) At each cashier's cage.
    The signs shall be provided by the Department of Healthcare
and Family Services.
    (b) Each licensed owner may print a statement regarding
withholding of delinquent child support, the text of which
shall be determined by rule by the Department of Healthcare and
Family Services, on all paper stock that the license owner
provides to the general public.
 
    Section 15. The Illinois Public Aid Code is amended by
adding Section 10-17.15 as follows:
 
    (305 ILCS 5/10-17.15 new)
    Sec. 10-17.15. Certification of information to State
gaming licensees.
    (a) For purposes of this Section, "State gaming licensee"
means, as applicable, an organization licensee or advance
deposit wagering licensee licensed under the Illinois Horse
Racing Act of 1975, an owners licensee licensed under the
Riverboat Gambling Act, or a licensee that operates, under any
law of this State, one or more facilities or gaming locations
at which lawful gambling is authorized and licensed as provided
in the Riverboat Gambling Act.
    (b) The Department may provide, by rule, for certification
to any State gaming licensee of past due child support owed by
a responsible relative under a support order entered by a court
or administrative body of this or any other State on behalf of
a resident or non-resident receiving child support services
under this Article in accordance with the requirements of Title
IV-D, Part D, of the Social Security Act. The State gaming
licensee shall have the ability to withhold from winnings
required to be reported to the Internal Revenue Service on Form
W-2G, up to the full amount of winnings necessary to pay the
winner's past due child support. The rule shall provide for
notice to and an opportunity to be heard by each responsible
relative affected and any final administrative decision
rendered by the Department shall be reviewed only under and in
accordance with the Administrative Review Law.
    (c) For withholding of winnings, the State gaming licensee
shall be entitled to an administrative fee not to exceed the
lesser of 4% of the total amount of cash winnings paid to the
gambling winner or $150.
    (d) In no event may the total amount withheld from the cash
payout, including the administrative fee, exceed the total cash
winnings claimed by the obligor. If the cash payout claimed is
greater than the amount sufficient to satisfy the obligor's
delinquent child support payments, the State gaming licensee
shall pay the obligor the remaining balance of the payout, less
the administrative fee authorized by subsection (c) of this
Section, at the time it is claimed.
    (e) A State gaming licensee who in good faith complies with
the requirements of this Section shall not be liable to the
gaming winner or any other individual or entity.
 
    Section 99. Effective date. This Act takes effect July 1,
2013.

Effective Date: 8/12/2013